Kerala High Court
Jackson P. Vincent vs Honey Christopher on 17 January, 2022
IN IEH= HIGH COURT OF RERAILh JIT EENhRIJIA14
PRESENT
THE HONOURABI.E MR. JUSTICE A.MUHAMED lqJSTAQUE
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THE HONouEthBId= MRs. TusTlcE SopHr TEcans
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IN THE HIGH cOuRT OF RERAlh AT ERiirmrm
PRESRE
THE HONOuRABLE MR. dusTlcE ji.]q)mMED in)STAQUE
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THE HONOURABRE 14RS. JUSTICE SOPE[¥ THCRE
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THE Sale DAY DElilvERED THE FOI.LOwlNG:
MhT.APPEAL Nos.583 6 643 0F 2020
JUDGMENT
SOPHy TH0us
These appeals are arising f ron co`rmo`n order in
0.P.No.1133 of 2012 and 0.P.No.308 of 2015 on the file of
the Family Court, Kol±am. The divorce 0.P. filed by the
husband was dismissed and 0.P for recovery of money and
gold filed by the wife was decreed. Against which, the
husband filed these appeals.
2. Pending these appeals, parties -resolved t-heir
entir`e- disputes irlclLJdirfg mane-tary claims a-nd child
custody and they have decided to dissolve their marriage
by mutual coflsent. They filed conpronise petition
entering the terms of settlement arrived between the
parties. They filed a petition under Section 10A of the
Divorce Act for divorce on mutual consent.
3. IALe interacted with the parti-es, as they appeared,
online. Both- of them expressed their` willingness to
lflT.JLPPEAL Nos.583 € 643 0F 2020
dissolve their mappiage by mutual Consent. So, I.A.Ne.4
of 2®21 stands alloued. Accordingly, we dissolve the
marriage between the appE±±ant and rEspgngEnt sg±Emn±zed
on 21.10.2©©6 by mutual consent. The settlement agreement
entered into between the parties is recorded as per order
in I.A.No.3 of 2021 and Mat. Appeal No.583 of 2020 is
dec-reed i-n terms of the s-ettlement agreement, whi-ch shall
for-in part of th-e decree.
These appeals are disposed of accordingly.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
sopt+y THomas, ]uDGE
AS
EEEJ|PE'E^I.|!o..583 ( 643 0F 20£L9
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PETITIONER' S EREIBITS :
A TRIE COPY OF TEE I=TTER DATED
Io.o8.2o21 Isst7EB 8¥ pRINelpEL, sg.rm¥is
E[SS YRIJIAM, IDUREI ISSUEI) UNDER RIGE[T
TO INroEunTION ACT.
AIH- A TRI)I Qop¥ oF TEEE Ioan AppLlcnTloN mow
Iclc BnNK ]LI^ppu=HI DATED 18.11.2o2i
a-_a _TBIE CO_P_Y O_F _I.B= O_BP_EB _P]
I.A.NO.2024/2012 IN a.P.NO.1133/2012 0F
Frml.I court, mmni nAmD 24.og.2oi2.
-1.
BEFORE THE HIGH COURT OF KERALA
IA No. i?' of2021
|n
Mat. Appl. No 583/2020
Jackson P Vincent : Appellant
Honey Christopher & Anr : Respondents
COMPROMISE PETITION FILED UNDER ORDER 23 RULE 3 0F
a THEECODE0FCIVILPROCEDURE.1908
WHEREAS Respondent Nos 1 & 2 are the plaintiffs in OP No.
1133/2012 on the file of the Family Court, Kollam, while the appellant and
respondent No.3 are the defendants. The Original Petition was filed for
realisation of an amount of Rs. 2,00,000/- (Rupees Two Lakhs Only) and for
the recovery of of gold ornaments and for maintenance of the petitioners, who
are the wife and daughter of the appellant.
AND WHEREAS the original petition was allowed in part and ordered
return of gold ornaments weighing ten sovereigns having a value of Rs.
2,42,000/- quupees Two Lakh F`orty-Two Thousand Only) and the Appellant
Ziil was directed to pay maintenance at the rate of Rs. 10,000/- peupees Ten
Thousand Only) and Rs. 6000/- (Rupees Six Thousand Only) per month,
respectively to the Respondents 1 & 2.
AND WIIEREAS the appellant filed OP No. 3008 of 2015, before the family
court Kollam, OP No. 1157/2013 initially before the finily court Alappuzha
for dissolution of marriage between the appellant and respondent No.1, which
was transferred to the Family Court, Kollam and renumbered as 308/ 15.
AND WIIEREAS the Family Court, Kollam dismissed OP No. 308/15 dated
13.02.2020, aggrieved by which the appellant has filed Mat Appl. No.
643/2020.
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AND WHEREAS the appellant filed OP No. 1601 /2012 before the Family Court
Kollam claiming custody of the minor ward Sera Ann Jackson. The said
Original Petition was also dismissed as per order dated 13.02.2020. The said
order has become final as the appellant did not challenge the same.
AND WHEREAS, MC No. 40/2012 was filed by the Respondent No. 1 before
the Judicial F`irst-Class Magistrate Court, Kollam, under the provisions of the
domestic violence act. The learned magistrate has passed an order restraining
the appellant by an order of protection from committing any sort of domestic
violence against Respondent No.1. The Appellant was ordered to pay a
compensation to tbe tune of Rs. 2,00,000/- (Rupees Ttwo Lakhs Only) to the U
Respondent No.1 under section 22 of the Protection of women from Domestic
Violence Act, 2005. The appellant was further ordered to pay a monthly
maintenance of Rs. 6000/- (Rupees Six Thousand Only) each to respondent
No.'s 1 and 2.. It was ordered to pay maintenance from the date of application
and the arrears of maintenance accmed during the proceedings was directed
to be paid in lump sum. The proceedings for recovery of arrears of
maintenance and compensation are pending before the court.
AND WHEREAS this Honble Court as per order dated 27-10-2010 directed
the parties to appear in person 28.10.2021, in order to explore the possibility
of a settlement. Accordingly, after discussions between the parties and their
respective counsels, before the court, the parties have decided to settle all the
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disputes in relation to the matrimony between the appellant and respondent
No. 1 and also the claims for present and future maintenance of respondent
No. 2 including the custody of the respondent No. 2 fully and finally, in
accordance with the following terms
JacASon f'. V(cteot H6rx¥ ehT'tatgivi
-3.
TERMS OF SETTLEMENT
1. Appellant and Respondent No.1 has agreed to dissolve the marriage
solemnized on 21-10-2006 at Mount Carmel Cathedral Church, by
filing a joint petition for divorce under section 10A of the Divorce Act,
1869. Appellant and the Respondent No.1 have flled a Joint Divorce
Petition before this Honble Court of the purpose. However the parties
shall move this court for passing orders in this case, after amounts
covered by this settlement are paid fully by the appellant to the
Respondents.
a 2. The appellant agreed to pay an amount of Rs. 10,00,000 (Rupees Ten
Lakhs) to respondent No. 1 towards full and final settlements of all her
claims on the basis of the decree passed by the family court dated
13.02.2020 in OP No.1133/2012 and order dated 6/02/2019 in MC
No. 40/2012 passed by the judicial first-class magistrate to Kollam. The
entire amount of Rs. 10,00,000/- (Rupees Ten Lakhs Only)has been
Paid by the appellant to the respondent No. 1 as per Demand Demand
Draft dated 8.11.2021 for Rs.10 lakhs drawn on State Bank of
India Alappuzha Branch and she acknowledges the receipt of the
Zi=- Same.
3. The appellant agrees to pay an amount of Rs. 25,00,000/- (Rupees
Twenty-five Lakbs Only) towards full and final settlement of all the
claims of Respondent No. 2 ordered as per decree dated 13.02.2020 in
OP No. 1133/2012 on the file of the family court Kollam, order dated
06.02.2019 in MC No. 40/2012 passed by the Judicial First Class
Magistrate 11 including future maintenance marriage expenses etc.
4. The Appellant has paid an amount of Rs. 5,00,000/- (Rupees F`ive
Lakhs Only) in the name of Respondent No. 2 Sera Ann Jackson with
F`ederal Bank, Alappuzha, Convent Square Branch with customer ID
jj..==f=3/' ;:.?€,,.,-
&ctr T2 VLr>ceo/ Honey CLhviffapbey
135453530, out of the total amount of Rs. 25,00,000/- (Rupees
Twenty Five Lakhs Only) .
5. The appellant agrees to pay the balance of Rs. 20,00,000/-, within a
periodoffourmonthsfromthedateofthissettlement.Incaseofdefault
in payment of the same amount of Rs. 20,00,000/- (Rupees Twenty
LakhsOnly),thedefaultedamountshallcarryinterestattherateof9%
from the date of this settlement and Respondents shall be entitled to
recover the same through court. It shall also be a charge on the
injunction schedule property. u
6. The Respondents do not have any objection in vacating the interim
order of injunction ordered by the Family Court, Kollam dated
24.09.2012 in IA No. 2024/2012 in OP No.1133/2012, after recording
the undertaking of appellant that he will not encumber or alienate the
property mentioned in IA No. 2024 /2012, except to create mortgage
with ICICI Bank, Alappuzha Branch, for the payment of the balance
amounts covered by this settlement.
7. The Appellant shall make a fixed deposit the balance amount of Rs.
20,00,000/-(Rupees Twenty Lakhs Only) for a period of not more than
4 years, with a provision allowing the Respondent No. 1 to receive
monthly interest from the deposit, to be used for the maintenance of
the Respondent No. 2.
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8. The Respondent No. 1 shall take necessary steps for withdrawal of Crl
M.P No. 3826 of 2020 pending before the JFMC 11, Kollam immediately
upon the payment of the entire amounts a per this settlement.
9. The appellant has returned 8 sovereigns of gold jewellery belonging to
the Respondent No.1, on this date.
10. The Appellant agrees to close the Joint Locker in the name of the
appellant and the Respondent No.1.
11. The Appellant shall have visitorial right to visit the minor second
Respondent, without disturbing the studies, on 2nd saturdays of every
month between 8AM and 4 PM or during the Onan Vacation, Christmas
Vacation or Summer Vacation, with prior notice to the Respondent No.
----:-_==:- Honey
-5_
1. It is made clear that the visitorial right mentioned above shall not
entitle the appellant for the overnight stay in the residence of the
appellant.
12. The appellant and Respondent No.1 and 2 shall not raise any
claims against each other with respect to the matrimony between
appellant and respondent no. 1 or with respect to any claim of
maintenance either present or future from the appellant and the
appellant shall not raise any claim for custody of minor Respondent
No.2 in the future. Hence settlement arrived at the parties is a full and
EI final settlement in all respects.
Therefore, it is most humbly prayed that this Honble court maybe pleased to
record the compromise and to modify the decree dated 30.02.2020 in OP No.
1133 of 2012 in terms of the compromise.
Dated the 5th day ctf December 2021
Appellant
Counsel for the App
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Respondent No. 1 on behalf spondent No. 2 also
Counsel for the Respond
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