Kerala High Court

Shema Elizabeth Jacob vs Linoj T Daniel on 7 July, 2022

IN THE HIGH COURT OF KERALA AT RRNAKULAN
PRRSENT
THE NOMOURABLE MR. GUSTICR ANIL K. NARENDRAN
&
THE HONOURABLE MR. SUSTICE P.G. AgTTERUMAR
ruuRspaAY, vee 7°" pay of guny 2622 / ISTH ASHADBA, 1944
TR. APPEAL (CINO.S OF 2022
AGAING? THE ORDER DATED 14.02.2028 IN Sr BEPTTION(C)NO.152 oF 2001
ON THE FILE OF THE RIGR COURT OF RERALA
ARSRLEANTS +

i SHEMA ELISABETH TACOR,
AGED 28 YEARS,
DYO, TACOS THOMAS ,
BROITPRURAN VILLA;
THASRAM NORTE, CHATHANNOOR B.O.,
ROLLAN, BREE. BY PORRR OF ADTORNEY HOLOSR
SRABRON JORRBIN, AGED 38 YEARS,
W/O. JOBRIN M. THOMAS, ROTPESURAM VILLA,
TRASEAN NORTE, CRATRANNOOR B.G.,
ROLLAN, BIN - SS1572

2 BASU § JACOS THOMAS,
ASED 6&7 YEARS ,
RESIDING AT ROTSPURAM VILLA,
THASHAM MORTH, CHATHANNOOR P.O. ,
ROLLAM, BIN - 681572

3 MOLLY 8 ELIZABETS JACOB,
AGED 61 YEARS,
RESIDING AY KROTEPURAM VIIA,
TRASHANM NORTH, CHATHANNOOR P.G.,
KOLLAM, BIN - SSL872

BY AY C.K. SREESTITS

RESPONDENT:
LING? &. DANIEL,
AGED 32 YEARS,
SHONDALIL THERRE VEEDU, RESAMEULAN,
WEDUMON P.G., BATHANAMTHITTA, PIN ~ 61556
 

JrAgpealCiNa.s, > & 8 af 2022

BY ADS.
2. KISHORE
MEERA GOPINATS

ERIS TRANSFER APPAAL(CIVILG KAVING COMM UP FOR AMMrssron
GN GF. O77. 2028, ALONG NITH TR. APPEAL (CINGS 7/2022, RSZORS, FRR

COURT ON THE SAME DAY DSLIVERED THE POLLONING:
 

Thadgpealcone.6, 7 & § af 2022

tas

If VRE RIGH COURT OF RERALA AT ERNARULAN
PRESENT

THE RONOURABRLE ME. OUSTYOR ANIL ER. NARENDRAN

&
THE HONOURABLE MR.JUSTICE P.G. AdYTRROMAR

THURSDAY, tee 7°" pay of auuy 2622 / ISTH ASRADNA, i944

TR. APPEAL (CINO.7 OF 2093

AGAINST THE ORDER DATED 28.02.2022 IN TR. PiC}NO. 88s OF

2021 ON PRE PILE OF SRE AIGR COURT OF KERALA

ARRERDANT 2

SREMA ELISABETH JACOB,

AGED 28 YEARS,

B/G, JACOR THOMAS,

ROLEPURAM VILGA,

THASHAM WORTH, CHATHASNOOR P.O),
ROLLAM-S91 STS, REP. BY BOWER OF ATTORNEY
HOLDER ,

SHARON JOBRIN, AGED 38 YEARS,

W/O, FORBIN M. THOMAS, KOTEPURAM VILLA,
THAERAM NORTH, CHATRANNOOR P.O., KOLDAM-€91 572,
NOW RESTRING AT MANAYIE SCUISE, OPS. PANES
THEATRE ,

AMBALAPPUSHA TALUR, MULGARKAL VILLAGE,
ALAPPUSEHA DIST. PIN - 888007

BY APY C.R. SRERIITE

RESPONDENTS :
4 BINOT F. BANTEL,

S/O, G&G, BANTER,

THQNDALAL THRERE VEEINY, ESRAMRULAN,

NWEDUMAN §.O., ADOOR TALUR, PATHANANTHTPPA. BIN =
S9LS55

f gfo . BM. GEORSE ,
 

TrAppeal{CNo.6, % & 8 of 2022
&

THONDALIN PRSRRE VESOU, BERAMRULAX,
NEDOMAN ©.G., ABOGR TALUR, BATHANAMTETTTA, PIN ~
SSL 586

3 FOLEY DANTE .
W/O. G. RANIEL,
THONDALIT TRERRE VEERDU, ESHAMEDLAM,
NEDUMAN §.O., ADOOR TALUE, PATHANAMTEITIA, PIN ~
SSL 556

BY ADVS .

O . RISHORE

R.NURALERSRRISSNAN (UMALARRARA
MEERA GOPINATE

 

TRIS TRANSFER APPEAL(CIVIL) HAVING CONE UF FOR
ADMISSTON ON OF .O7.2022, ALONG WITH PR. APPEAL (C} 6/2022
AND CONNECTED CASES, TRE COURT ON THE SAME DAY DELIVERED
TRE FORLOWING :
 

TrappealtoNe.&, 7 & & of 2022

IN THE HIGH COURT OF KERALA AT ERNARULAM
PRESENT
RE HONOURABLE MR. GUSTICE ANIL BE. NARENDRAN
&

THE HOWOQURABLE MR JUSTICE P.G. AGTTERUMAR
ruuBSoAY, tHe 7°85 pay of guny 2092 / LOTR ASRADBA, 1944
TR. APPEAL ICUNO.8 OF 2022
AGAINST TRE ORDERS DATED 26.02.2025 IN TR. PSTTTON (CiNG.18o
OF 2020 ON THE FILE OF THE HIGH COURT OF RERAIA

APPELLANT :
SHEMA ELISABETH JACOH,
AGED 28 YEARS.
D/O. JACOB TROMAS,
ROLPRURAM VILLA,
TRAZRAN NORTH, CHATHANNOOR FO.,
ROLLAM-891 S72, REP. BY POWER OF ATTORNEY ROLOER
SHARON JOBBIN, AGED 38 YEARS,
W/O. JOBRIN M. THOMAS, KOIPPURAM VILLA,
THASHAM NORTH, CHATHANNOOR P.0.,
ROLLAM, BIN - G81572

BY AOY O.R. SRERTITE

RESPONDENT <
LINOS T. DANIEL,
AGED 32 YEARS,
TRONDALIL TEERAE YESDU, BSZSSMEULAM,
NEDOMON F.O., PATEANAMTRITTA, PIN ~- &S91 585

BY ADVS.

OD RISRORE

RR. MURALEERRISHNAN (MALARRARA}

MEERA GOPITRATEH

TRIS TRANSFER APPEAL(CIVIL) BAVING COME UP FOR

AOMISSTON ON OF OF 2022, ALONG WITH TR. APPRAL (O} . 6/2022
AND CONNECTED CASES, TRE COURT ON THE SAME RAY DELIVERSD
TRE FOLLOWING :
 

ThAspealCINne.S, F RB of 2002
§

JUDGMENT

These appeals are fled by the appellants challenging the common order dated 16.02.2022 of the learned Single Judge in Transfer Petition (CjNas.i80 of 2020, 152 and 586 of 2021. Paragraphs 2 to 5 and the operative portion of the order read thus;

"2. TRPOT) No. S86 of 2021 is fled by the husband end Nis parents to transfer O.P No.G2i of 2021 pending before the Family Court, Alapousha to the Family Court, Pathanamthitta, which was Aled by the wife for recovery af gaid ornaments and for ancillary reliefs.

3. The wifefpetitioner in TePfC} Nos.i52 of 2021 and 180 of 2020 is working abroad and she is represented by her sister, power of attorney holder. Petitioner Nas.2 and 3 in TePoC) No. L2 of 2021 are the parents of the first petitioner/wife. This Transfer Petition is fled to transfer the cases to the Family Court, Kollam as the power of atterney holder and the parents of the wife are permanently residing in Chathannoor at Kalam.

4. Th is the case of the petitioner/wife that the Ird petitioner, who is her mother is bed ridden and the 3nd petitioner father cannot move arywhere leaving the 3° petitioner, Gn this ground, the wife as well as the parents Aled The} Noise of 20214.

®& The wie is abroad, represented by her sister, being

ThappealCine.&, 7 & 8 of 2022

the Power of Attorney halder, who is naw residing at Ambalappuzha Taluk though she was residing in Kollar District while TRACCINS. 182 of 2021 and i180 af 2020 were Aled, The course! for the wife submitted that since her residence fas changed to Alappurha, though the request for transfer in TRRCCY No. iS3 of 2021 and 180 of 2020 was to transfer the cases to the Family Court, Kollam, if may be transferred fo the Family Court, Alagouzhe. The course! for the respondent husband objected to the same stating that his aged parents, who are in Pathanamthitta cannot travel all the way to Alappuzha to contest the case. Taking into consideration of all the facts and circumstances of the case, I deem it proper that the cases pending before the Family Court, Rathanamthitts as well as before the Family Court, Alappuzha are transferred to the Family Court, Rottarakkara, whereby inconvenience of both the parties will be considerably reduced.

In the result, these Transfer Petitions are alowed, transferring O.P [email protected] of 2021 and i356 of 2019 pending befare the Family Court, Pathanamthitta and O.P No.O2) af 2021 pending before the Family Court, Alappuzha to the Family Court, Kottarakkara. The respective Farly courts shall transmit the records immediately ta the Family Court, Kottarakkara. The parties are directed to appear before the Family Court, Kotlarakkara on 10.35.2022."

é. By the impugned order dated 16.02.2022, the

TeAdopesl(C}Ne.G, 7 & B af 2032

learned Single Judge allowed those transfer petitions transferring O.P.Nos.94 of 2021, 1356 af 2015 pending before the Family Court, Pathanamthitta and O.R.No.621 of 2031 pending before the Family Court, Alappuzha to the Family Court, Rottarakkara.

3. n 24.05.2022, when these appeals came up for consideration, if was submitted by the learned counsel on both sides that there is every likelihood of the matter being settled, if sent for maciation. By the order dated 24.05.2022, both parties were directed to appear before the Nodal Officer, Ernakulam Maeciation Centre, in the premises of this Court, on 02.06.2022 at 10.15 a.m.

4. The parties have settled the entire dispute in mediation and the settlement agreement was filled under Section 89 of the Code of Civil Procedure, 1908 read with Rule 24 of the Civil Procedure (Alternative Dispute Resolution) Rules, 2008. Agreement dated 23.06.2022 is placed an record along with the report of the Mediator dated' 30.06.2022.

§. Heard the learned counsel for the appellants and

aiso the learned counsel for the respondant.

TrApesalkCNna.5, * & 8 af 2022

5. The terrns and conditions of settlement agreement

reads thus;

"1. The 18 respondent Lina] T. Daniel in Transfer Appeal Nos. 6, 7 and 8 of 2022 has agreed to pay an amount of Rs. 5,50,000/- (Five iakh Afty thousand} to the i appellant Shema Elizabeth Jacob who is represented by his sister and power of attorney Rolder Sharan Jobbin towards full land final settlernent of all the dispute in the above cases, The above said amount shall be paid at the time of Aling proof affidavit in connection with evidence in Join' petition.

2. AS part of settlement the 1° resscondent in Transfer Petition Line} and appellant Shema has agreed to withdraw all panding cases filed against each other.

3. The L* respondent Lino] has agreed to withdraw O.P (Div) 40 of 2022 pending before Hon'ble Family Court, Kottarakkara and O.P ¢Other} 202 of 2022 pending before the Family Court, Kottarakkara and appellant Sheme agreed to withdraw O.P (Other) iid of 2023 pending before the Family Court, Kottarakkara.

4. Apoellant/Shema Elizabeth Jacob undertakes to file a notarized affidavit expressing her willingness to terminate the criminal groceedings in Crime Ne. 165 of 2020 of Chathannur Police Statian In Cr Mic. which wil be fled by the respondent Lina| T. Daniel to quash the proceedings under Sectlon 482 CreBcC, at the time of Alling proof affidavit in commection with evidence in joint penion,.

TrAppealCine.6, * & 8 of 2023

5. Appellant and respondent agreed to Mle joint petition for divarce under Section LOA of Divorce Act before Appropriate Court having jurisdiction on or before 15% July, 2022.

8. The 1° respondent agrees to hand over the household articles belongings to appellant which Include 1D card of aopellant, dress materieis and other articles available with Aim on the date of posting before the Hon'ble Court at the time of disposal of Divorce Petition.

?. The 1* appellant, Shema Elizabeth Jacab relinquished her past and future maintenance from i® respordent, Lino} T. Daniel"

In such circumstances, these appeals are disposed of in terms of the settlement recorded in the settlement agreement dated 23.06.2022, which shall forrn part of this judgment.

Sd /-

ANIL R. NARENDRAN, JUOGE

Sa f-

B.G. AJTITHRUNAR, JUDGE

TrAppealCine.6, & 8 af 2022 Li

APPENDIS OF TR APPEAL (CH! 6/2022

PETITIONER ANNEXURE

Annexure AL TRE CERTIFEIEO COPY OF THE ORDER IN TR.P. (0) NO. 1823/2021 ON THE PILE o HON' BLE HIGH COURT OF RERALA

TrAppeal(Cjhe.8, % & S of S022

ASPENDIZ OF TR. APPEAL (C) 7/2022 PETTTIONER ANNERURES Annexpre Al SRE RERCISIES COPY OS FRE GRORR FN TRE. CY NE. SS lP0S1 GN PSE PILE oy

HON BLE SXiGH COURT OF KERALA, ERNARULAM OT. 16/8/2082

TrappealCiNe.6, 7 & 8 of 2082 a3

AFPENDIN GF TR. APPEAL IC} 82022

PETITIONER ANNEARURES

ARMAS THES TRUS COPY OF THR GRORR IN TR.B. (CO) NO, LeO/SO20 ON TEE PILE OF BON BEE SIGH COURT OF RERALA, ERNARDTLAM IS PRODRCED BRERENITS AND MARKED AS ASNERUBR~AL

Presented on: 23/6/2022 BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM Transfer Appeal No: 6 of 2022 Shema Elizabeth Jacab co Petinnoner Lino; T Daniel, G. Daniel & Jolly Daniel ut Respondents

Transfer Appeal No: 7 of 2022

Shema Elizabeth Jaoch i Petitioner Lino] T Daniel ot Respondent Transfer Appeal No: & of 2022

Shema Elizabeth Jacob, Babu @ Jacob Thomas & Molly @ Elizabeth Jacoh ot Petitioners

Ling} T Danie! ut Respondent

SETTLEMENT AGREEMENT FILED UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULE 24 OF THE CIVIL PROCEDURE [ALTERNATIVE DISPUTE RESOLUTION) RULES,

ss '

z oo i ~ u we ' HE wee ae of Pn ee \ te 4 oe ' Set MTF Soe oie ot oe. .

CUR. Sreedith BD. Sishore

Counsel for Petitioners Oounsel for Respondents

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

Transfer Appeal No: 6 of 2022

Shema Elizabeth Jacob >> Petitioner inol T Daniel, G. Daniel & Joly Daniel 2: Respondents

Transfer Appeal No: 7 of 2022

Shema Efizabeth Jacob "+ Petitioner Lino} T Daniel vr Respondent

Transfer Appeal No: 8 of 2022

Shema Elizabeth Jacob,

Babu @ Jacob Thomas & Molly @ Elizabeth Jacob i Petitioners Linoj T Daniel cs Respondent

SETTLEMENT AGREEMENT FILED UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULE 24 OF THE CIVIL PROCEDURE {ALTERNATIVE DISPUTE RESOLUTION) RULES,

Appellants and Respondents have settled the above cases through

mediation on the following mutually agreed terms and conditions:

. The (* respendent Linc) T. Daniel in Transfer Appeal Nos. 6, 7 & 8 of

3022 has agreed to pay an amount of R«.5,50,000/- (Five lakh fifty thousand) to the 1% appellant Shema Elizabeth Jacob who is represented by his sister and power of attorney holder Sharon Jabbin

towards full lancd final settlement of all the dispute in the above cases.

The above said amount shall be paid at the Ume of fling proof affidavit in connection with evidence in jommt petivien.

As part of settlement the 1s respondent in Transfer Petition Lino} and appellant Shema has agreed to withdraw all pending cases filed

against each other.

. The 1* respondent N03 has agreed to withdraw O.P, (Div) 40/2022

pending before Hon'ble Family Court, Kottarakkara and O.P. (Other) 1602/2022 pending before the Family Court Kottarakkara and

appellant Shema agreed to withdraw O.P. (Other) 114/2022 pending

before the Family Court Kottarakkara.

Appellant/Shema Ehzabeth Jacob undertakes to file a notarized

affidavit expressing her willingness to terminate the criminal

wroceedings in Crime Na. 165/2020 of Chathannur Police Station in CriM.c. which will be fled by the respandent Lino] T Daniel to quash the proceedings U/s. 482 Cr.P.C. at the time of Ming proof afMdavit in

connection with evidence in joint petition.

. Appellant and respondent agreed to file jaint petition far divorce U/s

LOA of [Mveree Act before Appropriate Court having jurisdiction on or before 15 duly 2022.

The 18 respondent agrees to hand over the household articles belongings to appellant which include ID card of appellant, dress materials and other articles available with him on the date of posting before the Hon'ble Court at the time of disposal of Divorce Petition.

The first appellant, Shema Elizabeth Jacob relinquished her past and

future maintenance from 18 respondent, Lina) T. Daniel.

Dated this the 23° day of June, 2022,

Petitioners ;

i } .

(1) Shema Elizabeth Jacob, rep. by & & fe wd owen os § - a oo ¢ ew i Attorney Holder Sharon Jobbin SS ; ;

~ (2) G. Daniel

olly ia abel

Pow {3} J

@ Jacob Thomas

(2) Babu

{3} Molly Ebzabeth Jacob.