Sajith Jacob vs Annamma Kuruvila
2022 Latest Caselaw 562 Ker

                IN gHE HIGE[ eotnRIT oF RERALa AT ERNhmJIAM
                                        PRESENT
              THE HenouRABLE MR. JusTlcE Ji.m7H»cD ra7sTAQ{JE
                                           a
                tHE HCINot7RABLE i4Rs. dugTlcE sOpH¥ "Chns
   m|I)A¥, THE i4TH DAY oF dENunR¥ 2o22 / 24TH pouSEIA, 1943
                           mT.ALppEAL ro. 4g6 oF 2o21
  zLGELEN8T TEE Orroffi ¥H ®®.-ro.449/2o±9 IN Me.,ro.-±oo/2®±5 OF
                               FAi4IL¥ counB, HOTTA¥AM
JappEL- :
                SATI" JZLCRE, AGED 49 YEARS
                s/o.I I#H seue gaece, pE7L=vELI-pmfaseEL HcOsE,-
                CoLLECTORA" p.o,                mGAIAM vll,InGE , FtoTTA¥".

                BY JDVS-.
                FaplT
                A-S.-
                C . J . LIZ¥



REspcneRTs :

                AaotAian RI"t7vIIA, ACEB 47 ¥=ARs
                OTTAPIACRAI, E[ousE , puTENcmNTA, VARATELENAM p.o,
                cHANGANAsSER¥ TAI,uK, roTmTZLM-686 538

               AswlN sAIIm, AfflD 2o ¥Eans
               s/o. sarlTH -AcoB, o"anIACREL Hou8E,
                puTHENCE[ENTA, VARATIANAM p.o, cENGmssERy TELUK,
                HOTTAY"-686 538

               Br ADv I.B.Emniil

       tiE]Is inmDaeTIAI. Appeal HA:vINc BEBi FINAI,I,¥ fREJLRD ON
14.01.2022,     TEP=     COURT     ON    TEb=     Sale   DAY   DEI.IVERED   T[[]E

roLLcrmNG :
  a4A¥.jLpp=AL No. 496 oF 2o21




                               JUDG MENT

A.Mwhamed

        This appeal was filed challeriging art ex-parte decree

and dismissal of an application setting aside ex-parte

dect.ee .

        2.         Respondents        filed   the    original    petition     for

maintenance. Parties were referred for mediation by an

order of this Court. The dispute between the parties to

this appeal has been resolved in mediation. In full and

final settlement Of the entire claim, the appellant

agreed to pay Rs.20 lakhs. Out of which, he has already

paid Rs.10 1akhs. Respondents also acknowledged the

receipt of Rs.10 lakhs. The balance amount would be

payable by appellant on or before 11.01.2©23. We record

th-e memorandum of a-greement.

We dispose of this appeal by superseding the impugned anEp.AppEAL ro. 496 oF 2021

judgment and deer.ee in terms of the memorandum ef

ng-re€ment .

The memorandum gf agreement w±±± form part gf tb?

judgment.

Sd/-

A.MUHAMED MuSTAQUE, JUDGE

Sd/-

sOpHy Tiienas, ]uDGE AS in!.appEaL No. 496 oF 2o2i

JLPPEREIX OF MILT.ZLPPEZLI. 496/2®21

pETITloNER rmlBITS :

rmlBIT P1 A TR17E cop¥ op THE dtnDGB4EBFT oF THE HON! BLE Fatal.¥ cOuRT HOT"¥Ai4 AT ETTURAN R GRANTING DlvoRCE Din.

26 . 06 . 2010 .

ExrmlT p2 A mlm cOp¥ OF TE OBDEEL OF Tin Eocr.BldB FAifiL¥ COuRT noTTA¥AM JIT ETTt"ANOOR IN M.c. No. 186/2007 Din 29.09.2007.

EHIBIT P3 ]L TRIm copy OF TEEE ORDER OF RE HoriBId= FA)ff L¥ colBI HOTTA]IAii A= ETTmn)loon IN M.a. No. 434/2011 Din 13.09.2012.

EXHIBIT P4 A TRI]E copy OF THE B-DIARy procEEDINGs IN M.c. ro. loo/2ol5 oF TB EONJBIE FrmL¥ co!zBT, Ho==a]E:nB4 A± ETTtnENOoR,

REIBIT P5 A "tJ= C:OPT OF THE ORDER 0F' THE HCIN'Bu= FAMILY COURT, HOTTAYAM AT ETTUENcOR IN M.C. NO. loo/2015 DID. 05.05.2017.

EmlBI, P6 A mlE cOp¥ oD Tin p£TI]Iom IImn=BED ®0 NO. 1230/2015 (RE-NueERED rs M.C.27/2016) BEFORE TEq= E[CIN'BIiE TFCM couRT, HOTTArAM DARE ol.o4.2ol5.

FrmrBIT P7 A TBIE copy OF TRE OB]ECTlcINs DAml> 25.09.2015 FIIIED BY TRE PETITIONER AND Hls icoTHER IN ao NO. i23o/2Oi5 (RE- NunDERED As M.c. NO. 27/2oi6) BEFioRE THE a-Gut-i-BLE tjiitsi- cx5tH!5- caoemrmi}f .

REIBIT P8 A TRUE COPY OF TtlE ORDER OF THE HON'BIIE TF®4 COURT HOTTAYAM IN M.C. NO. 27/2016 DID. 01.07.2017.

RAT.AppEAL ro. 496 OF 2o2i

rmlBIT P9 A "UE COPY OF THE a-DIARY PROCEEDINGS IN Off NO. 255/2018 IN M.C.NO. loo/2015 BEroR= THE E[ON.BLE FAMII.I cOuRT- ETTqnGma .

EXEIIBIT Plo A "uE copy OF THE PEDITION NtneERED cB4p NO. 449/2019 IN M.C. NO. loo/2015 BEFOR]E TEE HON'BIiE FAMII.Y COURT, HOTTAYAM AT ETHrtJ- .

EHIBIt' Ill A mt7E copy oF DHE o84Ect!IONs DAqJED 17.12.2o2o FII,ED BT TED REspoNDENT IN ®e NO. 449/2019 IN M.C. NO. loo/2015 BEFIORE TH BORT'BLE FiREL¥ CrouRT, roTui=EH AT ET-COR.

REIBI¥ P12 A TRI7E eop¥ OF THE ORDER OF gHE t[cENiBILE Frml]¥ couRT HOTTATAM AT ETTurmNooR IN ®@ NO. 449/2019 IN M.C. NO. loo/2015 DITEZ) 16.03.2021.

REIBIT PIS A TREE C:OPT OF THE FACEBOOK PROFILE OF TE[E 2ND REsporoRT.

BEFORE TIIE HONOURABLE HIGH COURT 0F KERALA AT ERNAKULAn4 Mat ADDeal No.496/2021

Sajith Jacob : Appellant Vs.

Annamma Kuruvila & Anr : Respondents MEMORANDUM 0F AGREEMEI`IT UNDER SECTION 89 0F 'ITIE CODE OF clvlL pRocEDURE READ wlThl RULEs 24 & 25 oF 'nlE KERAI.A clvlL PROCEDURE /MEDIATIONl. RULES. 2008:

1. It is agreed between the parties that the Appellant shall pay an amount of Rs.20,00,000/- Orupees Twenty Lakh only) towards ® full and final settlement of all disputes between them. Out of the above amount the Appellant will pay an amount of Rs.10,00,000/-(Rupees Ten Lakh only) by way of Demand Draft in the name of the lst respondent or by way of transfer to the Bank Account Number of the lst respondent as A/c No.67106825142 (IFSC-SBIN0070110) with Vlkathanam

Branch of SBI on 12/01/2022. The Appellant agrees to pay the

balance amount of Rs.10,00,000/-(Rupees Ten Lakh only)on or before 11/01/2023 also by way of Demand Draft in the name of rl the lst respondent or by transfer to her above Account The lst

respondent agrees that all amounts thereby paid by the Appellant shall be utilised for maintenance and in the interest of the welfare of the 2nd respondent. In the event of the death of the lst respondent before 11/01/2023, the Appellant shall pay the

balance amount to the 2nd respondent as Demand Draft in the name of the 2nd respondent.

_---;`-:.J`',--

High Cciurt of Kerala Kochi -682 031

2. The parties agree that if the Appellant fails to fulfill the payment schedule as agreed above within the stipulated time, the respondents are free to proceed against the appellant as well as his property in Vljayapuram, Muttambalam Village in Sy.No.12/13/1, Block No.074, Re.Sy.No.43 which is under

attachment by Orders of the Hon'ble Family Court, Kottayam at Ettumanoor in MC.No.100/2015 and other cases between the

parties, and also realise the balance amount due to the respondents with interest @ 180/o p.a from 12/01/2022, till the

rl realisation.

3. The respondents agree that on fulfillment of the paylnent as agreed above within the stipulated time, the Appellant is free to

get the attachment made in respect of the properties of the Appellant by Orders of the Hon'ble Family Court, Kottayam at Ettumanoor in MC.No.100/2015 and other cases between the

parties be lifted, to which the respondents shall not raise any obj ection whatsoever.

4. On receipt of the full and final settlement amount of rl Rs.20,00,000/- (Rupees Twenty Lakh only) as agreed herein the first respondent, and the 2nd respondent represented by the

lst respondent agree to relinquish all their claims for past,

present and future maintenance under any Act/Law whatsoever for the time being in force, including but not limited to the Code of Criminal Procedure, the Protection of Women from Domestic Violence Act, 2005, and any other Civil and Personal Law.

•,bH

5. The respondents also agree not to initiate or pursue any claims for maintenance or other rights citing any change in circumstance s hereafter.

6. The parties agree that the lst respondent mother shall have

permanent custody of the 2nd respondent son. The parties also agree that the appellant herein shall have all visitorial rights to the 2nd respondent son and the son shall be free to meet and interact with the appellant father as per his own free will, to ® which the lst respondent agrees to co-operate and facilitate such visitation.

7. The parties agree that the respondents will not raise any rights to the estate of the appellant or his mother in future after complying the terms of this agreement.

8. The parties also agree that on receipt of the full and final settlement amount of Rs.20,00,000/- (Rupees Twenty r\ Lakh only) all litigation including but not limited to MC.No.100/2015 pending on the files of the Hon'ble Family

Court, Kottayam at Ettumanoor, and proceedings there under shall stand withdrawn and urge the Hon'ble High Court of Kerala to quash the same.

--:j> -:-

Keralaslalp:I,Lii',I-.u.,;:t=r:,±uu.centrc`

H'#:;r.u`:8u!g3e;aJa

9. Upon payment of the first installment of Rs.10,00,000/-

(Rupees Ten Lakh only) on 12/01/2022 as agreed above the respondents shall have no objections to the Hon'ble High Court of Kerala in staying the arrest Warrant issued against the Appellant pursuant to the proceedings in Crl.MP.No.255/2018 in MC.No.100/2015 of the Hon'ble Family Court, Kottayam at Ettumanoor, till the payment of the balance amount of Rs.10,00,000/- (Rupees Ten Lakh only) or till 11/01/2023

which ever is earlier.

Ei=

Dated this the 5th day of January, 2022.

        Appellant                              Respondents


      c#
       Sajith Jacob                            1. Annamma Kuruvila

                                               2. Aswin Sajith
                                                                                ..`T ,+ i `1.   \^   `,   `




a                                                     Advocate for the Respondents

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