Kerala High Court

Shajahan Rawther vs Alnishan Shahul on 24 June, 2022

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
FRIDAY, THE 247 paAY OF JUNE 2022 / 3RD ASHADHA, 1944
MAT.APPEAL NO. 734 OF 2021
AGAINST THE ORDER/JUDGMENT IN IA 1/2021 IN OP 124/2015 OF FAMILY
COURT, PALA

APPELLANT:
SAFIYA SHAJAHAN, AGED 51 YEARS, W/O SHAJAHAN RAWTHER,
SHYNUMANZIL, NARANGANAM WEST P 0, NARANGANAM VILLAGE,
KOZENCHEERY TALUK, PATHANAMTHITTA DISTRICT-689 642.
BY ADVS.
I.V.PRAMOD
SAIRA SOURAJ P.

RESPONDENT :

ALNISHAN SHAHUL, AGED 36 YEARS, S/O SHAHUL HAMEED, UTRA 56,
UNICHIRA, THAILAVU ROAD, CHANGANPUZHA NAGAR, KALAMASSERY,
ERNAKULAM=686 513.

BY ADV P.JINISH PAUL

THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 24.06.2022,
ALONG WITH Mat.Appeal Nos.735/2021 and 736/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

FRIDAY, THE 2474 pay OF JUNE 2022 / 3RD ASHADHA, 1944

AGAINST
APPELLANT :

MAT .APPEAL NO. 735 OF 2021
THE ORDER/JUDGMENT*IN OP 124/2015 OF FAMILY COURT, PALA

SAFIYA SHAJAHAN, AGED 51 YEARS, W/O SHAJAHAN RAWTHER,
SHYNUMANZIL, NARANGANAM WEST P O, NARANGANAM VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT-689 642.

BY ADVS.
I.V.PRAMOD
SAIRA SOQURAJ P.

RESPONDENTS :

THIS
24.06.2022,
ON THE SAME

AL NISHAN SHAHUL, AGED 36 YEARS, S/O SHAHUL HAMEED,
UTRA 56, UNICHIRA, THAILAVU ROAD, CHANGANPUZHA NAGAR,
KALAMASSERY, ERNAKULAM=686 513.

SHAJAHAN RAWTHER, AGED 61 YEARS, SHYNUMANZIL,
NARANGANAM WEST P O, NARANGANAM VILLAGE, KOZHENCHERRY
TALUK, PATHANAMTHITTA DISTRICT-689 642.

BY ADV P.JINISH PAUL

MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON
ALONG WITH Mat.Appeal Nos.734/2021 and 736/2021, THE COURT
DAY DELIVERED THE FOLLOWING:
 

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
FRIDAY, THE 247 pay OF JUNE 2022 / 3RD ASHADHA, 1944
MAT.APPEAL NO. 736 OF 2021
AGAINST THE ORDER/JUDGMENT IN IA 3/2021 IN OP 124/2015 OF
FAMILY COURT, PALA

APPELLANT:

SHAJAHAN RAWTHER, AGED 61 YEARS, S/O. ISMAIL
RAWTHER, SHYNUMANZIL, NARANGANAM WEST P. O.,

NARANGANAM VILLAGE, KOZHENCHERRY TALUK,
PATHANAMTHITTA DISTRICT - 689 642.

BY ADVS.
K.C.RANJITH
SREEMUKUND R.

RESPONDENT:

ALNISHAN SHAHUL, AGED 36 YEARS, S/O. SHAHUL
HAMEED, POOVATHUMMOOTTIL HOUSE, VELANILAM P O.,
NENMENY, MUNDAKAYAM VILLAGE, KANJIRAPPILLY
TALUK - 686 514.

BY ADVS.
R.S.REJITHA

BENRAJU K.R.

P.T.MARY (K/756/2012)

THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION
ON 24.06.2022, ALONG WITH Mat.Appeal Nos.734/2021 and
735/2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 

Mat.Appeal Nos. 734/2021,735/2021,736/2021

4...

JUDGMENT

[Mat.Appeal Nos.734/2021,735/2021, 736/2021]

A. Muhamed Mustaque, J

In these appeals, the parties were referred to mediation. The parties agreed that the custody of the minor ward namely, Almiya Alnishan, shall be in accordance with the settlement agreement arrived in the mediation.

In the light of their settlement, we dispose these appeals recording the settlement. The settlement agreement

in all these appeals will form part of the judgment.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE PR

ERNAKULAM MEDIATION CENTRE

(HIGH COURT HALL) 2"? floor, above SBI, High Court building, Ernakulam, Kochi -31.

(Ph.0484-2562238)

EMC/Reg. no. 60.22. Dated 13/06 Jax ,

From The Nodal Officer, High Court Mediation Centre.

ft The Registrar (Judicial), High Court of Kerala.

t Ernakulam Sir,

Sub:- Mediation of referred cases - Reg.

Ref:- Referral Order in..¥).A-T>. Apeal Ms. #34 [al cf 7h dated 24197] ax oF the Hon'ble High Court of Kerala.

~The report of the Mediator in the matter along with the enclosures is furnished herewith for information and necessary action.

Q Yours faithfully, a - on hy 9? i On Nodal Officer \* |

Ernakulam Mediation Centre

Encl: 1. Report of the Mediater, Settlement Agreement.

2. Copy of referral order dated ANSE a2. of the High Court of Kerala.

3. Copy of Petition.

BEFORE THE HON'BLE HIGH COURT OF KERAL AT ERNAKULAM

Mat Appeal Nos. 734/2021 & 735/2021 Safiya Shajahan : Appellant

Vs.

Al Nishan Shahul : Respondent

REPORT SUBMITTED BY MEDIATOR ADV. GISA SUSAN THOMAS

Mediated. Settled.

Terms of settlement are attached herewith.

Dated this the 3rd day of June, 2022.

Adv. Gisa Susan Thomas Mediator Ernakulam Mediation Centre

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

Mat Appeal Nos. 734/2021 & 735/2021

Safiya Shajahan ; Appellant Vs Alnishan Shahul : Respondent

MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF THE CODE

OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE CIVIL " PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION), RULES, 2008.

Both parties agree to settle their case amicably in the

following terms and conditions :

1. Both the parties have agreed that the permanent custody of the minor ward, 'Almiya Alnishan' shall be with the father, Alnishan Shahul, respondent herein. It is further undertakes by the respondent herein that he shall meet the whole expenses including educational and medical of the minor ward. The appellant and her husband Mr.Shajahan

A Rawther have the interim custody of the minor ward i.e., from 9 a.m. on 2°¢ Saturdays till the succeeding Sundays at 4 p.m on every month. _ In addition to this, the appellant herein will have the interim custody during first half of Onam, Christmas and Summer Vacations. The respondent herein undertakes that he shall allow the appellant to

gaat SHADOW =,

Keraia State Mediation and Conciliation Centre High Court of Kerala "Kochi - 682 034

interact with the minor ward on every day between 7 p.m.

to 8 p.m. through phone. The phone number shall be furnished by the respondent/father.

2. The respondent herein undertakes that he shall take steps for admission of the minor ward, 'Almiya Alnishan' in school at Ernakulam for the academic year 2022-2023 and the minor ward will be permanently resided with her father/respondent herein till she attains majority.

3. Both the parties have agreed that any other mediation agreement executed between them earlier will be cancelled on the strength of this agreement. . The parties hereby agree that they will not raise any further claim against each other with regard to the subject matter of the case.

4. In default of compliance of any conditions above mentioned, the appellant has the liberty to move appropriate petitions before the court of Law.

Dated this the 3% day of June, 2022

Appellant Respondent Safiya Shajahan 46) SHAJsnew Alnishan Sha e/ Ga aue| Oly , ae Counsel for the Appellant Counsel for the Respondent

jeraia State Mediation and Conciliation Centre High Court of Kerala 'Kochi - 682 034

ERNAKULAM MEDIATION CENTRE

(HIGH COURT HALL)

2" floor, above SBI, High Court building, Ernakulam, Kochi -31.

Ph.0484-2562238 EMC/Reg. No..£5.9.[28. Dated ../3/ 06].

From

The Nodal Officer, High Court Mediation Centre.

" To K The Registrar (Judicial), q | High Court of Kerala.

- Ernakulam Sir,

Sub:- Mediation of referred cases - Reg.

Ref:- Referral Order in. MAT: A peal Ms: #34 fal c/w 73s dated 24105|axoF the Hon'ble High Court of Kerala.

"The report of the Mediator in the matter along with the enclosures is furnished herewith for information and necessary action.

Yours faithfully,

5 . \wi--

RS Nodal Officer \K Ernakulam Mediation Centre

Encl: 1. Report of the Mediater, Settlement Agreement.

2. Copy of referral order dated dass laa of the High Court of Kerala. .

3. Copy of Petition.

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

Mat Appeal No. 736/2021 Shajahan Rawther : Appellant

Vs Alnishan Shahul : Respondent

REPORT SUBMITTED BY MEDIATOR " ADV. GISA SUSAN THOMAS

Mediated. Settled.

Terms of settlement are attached herewith.

Dated this the 3rd day of June, 2022.

(if [--

Adv. Gisa Shicanthomos

Mediator Ernakulam Mediation Centre

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT

ERNAKULAM Mat Appeal Nos. 736/2021 Shajahan Rawther >: Appellant Vs Alnishan Shahul _ : Respondent

MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE CIVIL

EE EE EERE READ WITT RULES 24 & 25 OF THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION), RULES, 2008.

Both parties agree to settle their case amicably in the following terms and conditions :

1. Both the parties have agreed that the permanent custody of the minor ward, 'Almiya Alnishan' shall be with the father, Alnishan Shahul, respondent herein. The subject matter of this case already settled in the connected matters ie., Mat.Appeal Nos.734/2021 and 735/2021.

2. Appellant herein undertakes he shall withdraw the above e Mat Appeal.

Dated this the 3% day of June, 2022

\ Appellant : Respondent pP shepahao | Om.

Shajahan Rawther Alnishan Sha Kot

; | A Pee \eh ey cnnety . Kerala State Mediation and Conciliation Centre

Counsel for the Appellant High Court of Kerala °

. ~ Kochi - 682 031

= tog