Kerala High Court
Mumthas Beegum vs Yusuf on 25 January, 2022
IN THE HIGH count oF RERAILA AT ERItAKul,nM
RESENT
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TUESDAr, THE 25" DAY or .miunRIr 2o22 / 5TH nmGm, 1943
enr.z[ppEfil, No. 362 oF 2020
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APPEI.IANT/PETITIchuR:
MtJMTHAS BEEG", AGEI) 52 YEARS
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REppADAM p.o. , iniDAD, NII,incuR TAlrvK,
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BY AI)V K.RZRESH
REsponENI/REspchiDENT:
rosuF, AGED 56 ¥EARs
s/o.AI]I, NEEEuniDzi HOusE, ANTmLI.INGAL,
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inlAppuR»4 DIsmlcT, plN-676542.
BY ARE.
SRI . p . sHAREdr
SRI . M.. ABnyRcop
TE[Is mTRlroNIAI[ AppEAI, HAVING cchG up FOR ADMlssloN oN
25.01.2022, THE COURT ON TEE Sale DAY I)EI.IVERED THE
For-:
RAT.APPEAI. NO.362 0F 2020
JUDGMENT
A.MLIHAMED MUSTAOuE. J.
This appeal is at the instance Of the petitioner
in 0.P.No.387 of 2017 on the file of the Family Court,
Malappuran. The above 0.P. was filed for recovery of
value of gold ornaments and money. That 0.P. filed by
the appellant was dismissed. Challenging the sane, she
has come up in this appeal.
2. Pending this appeal, parties were referred
for a mediation. In the flediation, parties resolved
their dispute and they entered into a settlement
agr-eement. The settlement agt.eenent is or-I board along
with the report of the Mediator.
3. It is submitted at the Bar that the
respondent has conplied with the execution of deed
also as agreed in the settlement. The submission is
FecoFded .
RAT.APPEAli NO.362 0F 2020
In the light of the settlement, we dispose of this
appeal. The settlement agreement along with the sketch
of the property will form part of ttle decree and
J.ud8ment.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
SOPHY THOMAS, JUDGE
AS
BEFORE TIIE HONOURABLE HIGH COURT 0F KERALAAT
EENAKULAM
MA No. 362 of 2020
Mumthas Beegum : Appellant
Vs.
Yusuf : Respondent
REMORANDUM oF AGREmmr`IT UNDER SECTloN 89 oF TIIE CODE oF
a clvH. pRocED(IRE READ wrlll Rut.Es 24 & 25 oF THE KERALA CIvn.
PROCEDURE (MEDIATION). RULES. 2008:
Terms of settlement is as follows:
1. Respondent agrees to transfer 1) 8.5 cents of land comprised in
Re-Survey No.416/7/pt in Mampad Village, in Nilambur Taluk in favour of
Abidbin Yusuf the son of the Appellant and Respondent, 2) 15.5 cents with
residential building having 1600 Sq.Ft Area with 3.3m vide pathway
comprised in Re-Survey No.416/7/pt in Mampad village, in favour of the
Appellant and Aleem Yusuf, the son of the parties, 3) 8.6 cents of land with
a 3.3m path way comprised in Re-Survey No.416/7/pt in Mampad Village, in
favour of Harshitha Bind Yusuf, the daughter of the parties and 4) 10 cents er
of land comprised in Re-Survey No. 378/8 pt in Mampad Village, in
favour of Adil Yusuf, the son of the parties.
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2. The transfer Deeds, as above will be executed by the Respondent
within one month from today at the expense of the transferees.
3. One coat and one table lying in the house in property 2nd above will be
given back to the Respondent and the respondent is free to take it away.
4. Appellant agrees to withdraw MC.No.4/2017 instituted by the
Appellant under the Protection of Women from Domestic Violence Act,
pending before Judicial First Class Magistrate Court, Nilambur within one
® month from today. Appellant also agrees to withdraw OP.No.627/2019
pending before Family Court, Malappuram within one month fl-om today.
5. Respondent agrees that he will not create any trouble or domestic
violence against the appellant or her children residing in the above
residential property.
6. The Martial relationship between the parties is irretrievably broken
down and there is no scope for re-union. The parties are living separately
a for the last seven years. Both parties are at liberty to take steps to get the
maITiage legally dissolved in future. Appellant agrees that she will not raise
any claim against the respondent for future maintenance or reasonable and
fair provision as per Sec 3 of Muslim Women (Prole(:tion of RIghts on
Divorce) Act in the event of dissolution of marriage in future.
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7. Respondent agrees to hand over the Title Deed of the property of the
Appellant, which is now in the custody of the respondent. Appellant also
agrees to handover documents like ID Card etc., in possession of the
Appellant to the respondent.
8. Appellant further agrees that she will not raise any claim in future in
respect of any property owned by the respondent and will not insist for any
rights of maintenance against the respondent.
a This is the full and final settlement of all family disputes between the
parties. The sketch of the property is attached herewith and will form part of
the settlement.
Dated this the 20th day of October, 2021.
Appellant RIes:*curfe
``,w.EL Yusuf
Mumthas Beegum
®
E:i:d!:for.rirft#
Advocate fo
KeTa\as`a`e::g:#u.:¥{2CK:e:T:a`\\:'"°ncen`re
Arec) :
416/7 = 0.1431 Ho
MAIAPPURAM DISTRICT
NILAMBUR TAIUK Block : 83 (35.3 Cent)
MAMPAD VILLAGE Resy : 416/7 a 378/8 378/8 = 0.1445 Ho
(35.7 Cent)
PTot I -416/7 pf : 0.034S Hc] ( 8.S Cent|
Plot 2-416/7 pt : 0.0630 Hcl | 15.5 Cent|
Plot 3-416/7 pl : 0.0350 Ha I 8.6 Cent)
Plot 4-416# pt : 0.0106 Ho I 2.6 Cent|
Plot 5-378/8 pt : 0.1040 Ho I 25.6 Cent)
Plot 6- 378/8 pt : 0.0405 Ho ( 10.0 Cent}
Rood
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Plot 5
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