John Daniel vs Jainy John
2022 Latest Caselaw 11163 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
       THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                   &
        THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 2ND DAY OF DECEMBER 2022/11TH AGRAHAYANA, 1944
                   MAT.APPEAL NO.1161 OF 2018
 AGAINST THE COMMON JUDGMENT AND DECREE DATED 13.07.2018
 IN O.P.NO.351 OF 2015 OF THE FAMILY COURT, MAVELIKKARA
APPELLANT/PETITIONER:

            JOHN DANIEL, AGED 46 YEARS
            S/O.EASOW DANIEL, JOHN VILLA, UMBARANADU,
            KALLUMALA.P.O., THEKKEKKARA VILLAGE,
            MAVELIKKARA. NOW RESIDING AT JITHU APARTMENTS,
            MULLIKULAMGARA, THEKKEKARA VILLAGE, MAVELIKKARA.

            BY ADVS.RASHEED C.NOORANAD
            SMT.M.N.ANITHA


RESPONDENT/RESPONDENT:

JAINY JOHN, AGED 43 YEARS D/O.KUNJUKUTTY, JOHN VILLA, UMBARANADU, KALLUMALA.P.O., THEKKEKKARA VILLAGE, MAVELIKKARA-690101.

BY ADVS.SRI.U.BALAGANGADHARAN SRI.R.PRADEEP KUMAR

THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 02.12.2022, ALONG WITH Mat.Appeal.353/2019 & RP(FC)NO. 475/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mat.Appeal No.1161 of 2018 & con.cases

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 2ND DAY OF DECEMBER 2022/11TH AGRAHAYANA,1944 MAT.APPEAL NO. 353 OF 2019 AGAINST THE COMMON JUDGMENT AND DECREE DATED 13.07.2018 IN O.P.NO.540 OF 2015 OF THE FAMILY COURT, MAVELIKKARA APPELLANT/PETITIONER:

JOHN DANIEL, AGED 46 YEARS S/O.EASOW DANIEL JOHN VILLA, UMBARANADU, KALLUMALA.P.O., THEKKEKKARA VILLAGE, MAVELIKKRA, NOW RESIDING AT JITHU APARTMENTS, MULLIKULAMGARA, THEKKEKARA VILLAGE, MAVELIKKARA

BY ADVS.RASHEED C.NOORANAD M.N.ANITHA

RESPONDENT/RESPONDENT:

1 JAINY JOHN, AGED 43 YEARS, D/O.KUNJUKUTTY, JOHN VILLA, UMBARANADU, KALLUMALA.P.O., THEKKEKKARA VILLAGE, MAVELIKKARA.

2 RAJAN KUNJUKUTTY, AGED 59 YEARS S/O.KUNJU KUTTY, PULITHITTA, VADAKKATHIL, VAZHAVADI MURI, THAZHAKKARA.

BY ADVS.SRI.U.BALAGANGADHARAN SRI.R.PRADEEP KUMAR

THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 02.12.2022, ALONG WITH Mat.Appeal.1161/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mat.Appeal No.1161 of 2018 & con.cases

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 2ND DAY OF DECEMBER 2022/11TH AGRAHAYANA,1944 RPFC NO. 475 OF 2017 AGAINST THE ORDER DATED 06/07/2017 IN M.C.NO.19 OF 2016 OF THE FAMILY COURT, MAVELIKKARA REVISION PETITIONER/RESPONDENT:

JOHN DANIEL, AGED 43 YEARS, S/O.EASOW DANNIEL, JITHU APARTMENTS, PONAKAM MURI, MAVELIKARA, FROM JOHN VILLA, URBERNAD MURI, THEKKEKARA VILLAGE, MAVELIKARA TALUK.

BY ADVS.SRI.RINNY STEPHEN CHAMAPARAMPIL SMT.ASHA ELIZABETH MATHEW

RESPONDENTS/PETITIONERS:

1 JAINY JOHN, AGED 40 YEARS, JOHN VILLA, URBERNAD MURI, THEKKEKARA VILLAGE, MAVELIKARA TALUK - 690107

2 JITHU.D.JOHN (MINOR), AGED 13 YEARS, JOHN VILLA, URBERNAD MURI, THEKKEKARA VILLAGE, MAVELIKARA TALUK.REP. BY MOTHER, JAINY JOHN, JOHN VILLA, URBERNAD MURI, THEKKEKARA VILLAGE, MAVELIKARA TALUK. 690107.

3 JIYA JOHN, (MINOR) AGED 10 YEARS, JOHN VILLA, URBERNAD MURI, THEKKEKARA VILLAGE, MAVELIKARA TALUK, REP. BY MOTHER, JAINY JOHN, JOHN VILLA, URBERNAD MURI, THEKKEKARA VILLAGE, MAVELIKARA TALUK 690107.

Mat.Appeal No.1161 of 2018 & con.cases

BY ADVS.SRI.U.BALAGANGADHARAN SRI.R.PRADEEP KUMAR

THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 02.12.2022, ALONG WITH Mat.Appeal.1161/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mat.Appeal No.1161 of 2018 & con.cases

JUDGMENT/ORDER

Since common issues are raised, these appeals and

revision petition are heard together and are being disposed of

by this common judgment/order.

2. Mat.Appeal No.1161 of 2018:- The appellant is the

petitioner in O.P.No.351 of 2015, which is one filed against the

respondent herein-wife seeking a decree of divorce under

Section 10 of the Divorce Act. That original petition ended in

dismissal by the judgment and decree dated 13.07.2018,

which is under challenge in this appeal filed under Section

19(1) of the Family Courts Act, 1984. This appeal was filed

along with C.M.Application No.1 of 2018 seeking an order to

condone the delay of 63 days.

2.1. On 03.01.2019, when this appeal came up for

admission, this Court issued consolidated notice to the

respondent by speed post in the appeal and the delay

condonation application.

2.2. By the order of this Court dated 01.11.2021, the

delay of 63 days in filing the appeal was condoned. The

appeal was admitted and both parties were directed to appear

Mat.Appeal No.1161 of 2018 & con.cases

before the Nodal Officer, Ernakulam Mediation Centre in the

premises of this Court on 15.11.2021 at 10.15 a.m.

3. Mat.Appeal No.353 of 2019:- The appellant filed

O.P.No.540 of 2015 before the Family Court, Mavelikkara

against the respondents herein (wife and brother-in-law)

seeking decree of prohibitory injunction and to set aside the

Sale Deed No.937 of 2008 dated 01.04.2008 of the Sub

Registrar Office, Mavelikkara. That original petition ended in

dismissal by the judgment and decree dated 13.07.2018.

Feeling aggrieved, the appellant is before this Court in this

appeal filed under Section 19(1) of the Family Courts Act,

1984. This appeal was filed along with C.M.Application No.1 of

2019 seeking an order to condone the delay of 230 days.

3.1. On 27.05.2019, when this matter came up for

admission, this Court issued notice to the respondent in

C.M.Application No.1 of 2019 by speed post. By the order

dated 08.09.2021, the delay was condoned on payment of

cost.

4. R.P.(FC)No.475 of 2017:- The petitioner is the

respondent in M.C.No.19 of 2016 on the file of the Family

Mat.Appeal No.1161 of 2018 & con.cases

Court, Mavelikkara, which is one filed by the respondents

herein (wife and minor children) under Section 125(1) of the

Code of Criminal Procedure, claiming maintenance. In the said

Miscellaneous Case, the Family Court passed an order dated

06.07.2017. The operative portion of that order reads thus;

"The respondent is directed to provide maintenance at the rate of Rs.7,500/- (Rupees seven thousand and five hundred only) each per month to the second and third petitioners with effect from the date of filing of this petition (03.03.2016). The petitioners are only entitled to realise the arrear amount after deducing the amount if any paid by the respondent during the pendency of the petition."

Feeling aggrieved by the aforesaid order, the petitioner is

before this Court in this revision petition, invoking the

provisions under Sections 397 & 401 of the Code of Criminal

Procedure, 1973 read with Section 19(4) of the Family Courts

Act, 1984.

4.1. On 12.10.2017, when this revision petition came

up for admission, this Court issued notice to the respondents

by speed post. In Crl.M.A.No.5286 of 2017, this Court granted

an interim stay for a period of two months, on condition that

the petitioner herein pays and continues to pay a sum of

Mat.Appeal No.1161 of 2018 & con.cases

Rs.5,000/- to the 2nd respondent and Rs.2,000/- to the 3rd

respondent and also deposits half of the arrears that has

accrued till that time, within one month from that date. If the

amount is deposited, it shall be disbursed to the 1 st

respondent herein on behalf of the 2nd and 3rd respondents.

The said interim order, which was extended from time to time,

was extended until further orders on 24.01.2020.

5. During the pendency of these matters, by the order

of this Court dated 28.06.2022, the parties were referred for

mediation before the Ernakulam Mediation Centre, in the

premises of this Court.

6. Now, the parties have settled the disputes in

mediation. They have entered into a memorandum of

settlement agreement dated 02.08.2022, which is placed on

record along with the report dated 02.08.2022 of the

Mediator.

7. Today, when this matter is taken up for

consideration, the learned counsel on both sides would submit

that the parties have settled the disputes in mediation, and

they have also acted in terms of the terms and conditions

Mat.Appeal No.1161 of 2018 & con.cases

contained in the memorandum of agreement dated

02.08.2022.

In such circumstances, recording the aforesaid

submissions made by the learned counsel on both sides, these

matters are disposed of in terms of the terms and conditions

contained in the memorandum of agreement dated

02.08.2022, which shall form part of this judgment.

Sd/-

ANIL K.NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE

AV/7/12