Kerala High Court
Faisal K.V vs Shamna 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 2478 DAY OF JUNE 2022 / 3RD ASHADHA, 1944
MAT.APPEAL NO. 522 OF 2016
AGAINST THE ORDER/JUDGMENT IN OP 166/2013 OF FAMILY COURT,
OTTAPPALAM
APPELLANT/S:
1 FAISAL K.V., AGED 33 YEARS, S/O LATE K.V. AVUTHAN @
KUNCHIMAN, KUTHOLA VALAPPTL VEEDU, PERINGODE POST,
KOOTTANAD VIA, THOZHUKKAD, OTTAPALAM TALUK, PIN 679
535, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
FIROS, AGED 27 YEARS, S/O LATE K.V. AVUTHAN @
KUNCHIMAN, KUTHOLA VALAPPIL VEEDU, PERINGODE POST,
KOOTTANAD VIA, THOZHUKKAD, OTTAPALAM TALUK,
PIN-679 535.
2 FATHIMA, AGED 52 YEARS, W/O LATE K.V. AVUTHAN @
KUNCHIMAN, KUTHOLA VALAPPIL VEEDU, PERINGODE POST '
KOOTTANAD VIA, THOZHUKKAD, OTTAPALAM TALUK,
PIN 679 535.
3 FIROS, AGED 27 YEARS, S/O LATE K.V. AVUTHAN @
KUNCHIMAN, KUTHOLA VALAPPIL VEEDU, PERINGODE POST,
KOOTTANAD VIA, THOZHUKKAD, OTTAPALAM TALUK,
PIN-679 535.
4 AFSAL, AGED 23 YEARS, S/O LATE K.V. AVUTHAN @
KUNCHIMAN, KUTHOLA VALAPPIL VEEDU, PERINGODE POST,
KOOTTANAD VIA, THOZHUKKAD, OTTAPALAM TALUK,
PIN-679 535.
BY ADVS.
SRI.T.M.RAMAN KARTHA
SRI.A.HAROON RASHEED
RESPONDENT/S:
SHAMNA, AGED 24 YEARS, D/O V.P ABDUL LATHEEF,
VALIYAPARAMBIL HOUSE, KACHERIKKUNNU, CHERPULASSERY
P.O, OTTAPALAM TALUK, PIN-679 503.
BY ADVS.
SRI.P..JAYARAM (CAVEATOR)
SRI .P. JAYARAM
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat. Appeal No.522/2016 2
JUDGMENT
A.Muhamed Mustaque, J.
This appeal arises out of the judgment in
O.P.No.166/2013 on the file of the Family Court,
Ottappalam. The parties were referred for mediation. In
the mediation, the parties have resolved their disputes. A
Separate agreement has been executed between the parties
settling all their disputes. The settlement agreement is
on board. We dispose of this appeal recording the
settlement. The settlement agreement will form part of
the judgment.
The attachment is effected over two items of
properties belonging to the appellant. The parties agreed
to lifting of attachment of one of the properties situated
in survey No.132/1 having an extent of [email protected] cents in
Nagalassery Village, Pattampi Taluk. Accordingly, we
direct the Family Court to lift the attachment over the
above property and communicate the order to the Registrar
concerned. However, the attachment effected over the
remaining property will continue till the claim of the
respondent is satisfied.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SOPHY THOMAS
JUDGE
In
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT
ERNAKULAM
Mat. Appeal No. 522 of 2016 --
Faisal & others :: "Appellants
Vs.
Shamna V.P _ Respondent
MEDIATION SETTLEMENT AGREEMENT (UNDER RULE 24 OF
THE CIVIL PROCEDURE (ADR) RULES,2008)
The dispute covered in the above case was referred for court annexed mediation
~~
and was mediated by Mr. E.D George, Advocate and accredited trained
mediator and parties have agreed to settle the dispute as under:
od.
The above matrimonial appeal filed by the appellants against the
Common judgment dated 10/02/2016 in O.P. No. 166/2013 & 167/2013,
on the files of Family Court, Ottapalam. The appellants herein were the
respondents in OP No. 166/2013 of the files of Family Court Ottappalam.
The O.P No. 166/2013, before the Court below was under Section 7 of
the Family Court's Act seeking return of gold ornaments and past
maintenance from the husband and relatives. The OP No. 167/2013 was
filed by the respondent herein for dissolution of marriage. The both cases
were jointly tried by the family court. The original petitions were allowed
by a common judgment.
. The decree in O.P No. 166/2013 and directed the appellants herein to
retum 59.5 sovereigns of gold ornaments or its market value of Rs.
14,44,600/- , to the wife/petitioner with interest at the rate of 10 % per
annum, from the date of the petition till realization. The first respondent
/husband before the family court was directed to pay to petitioner /wife
'3 Bogell ont ; we ReassPonolent
* Kerala State Mediation and Conciliation Centre
FisAl
. v High Court of Kerala Snamataé
=? Kochi - 682 031
Rs. 1,70,000/- as past maintenance from 5.4.2012 to 5.9.2013. The
matrimonial appeal No. 522/2016 was brought in challenge of the
Judgment and decree passed by the family court, Ottappalam in O.P No.
166/2013.
3. In O.P No 167/2013 the family court dissolved the marriage between the
petitioner /wife and respondent /husband. The judgment and decree in
O.P No. 167/2013 family court, Ottappalam has not been challenged in
appeal by the respondent /husband.
4. The above appeal was admitted and stayed the execution of decree on
condition that the petitioners pay 50 % of the past maintenance to the
respondent through demand draft within a period of two weeks, and
furnish security for the balance amount decreed to the satisfaction of the
family court, Ottappalam. Accordingly the 1" appellant deposited Rs.
85,000/- as per the interim order and same was withdrawn by the
respondent and furnished appellant's immovable property as security as
per the order of this court.
5. The Ist appellant Faisal in the above appeal has wilfully agreed to pay
Rs. 14 lakh (Fourteen Lakh) to the respondent Shamna who is former
wife of the 1' appellant for full and final Settlement of the entire
matrimonial dispute in the above appeal. The respondent shaman, former
wife, has wilfully agreed to receive the said money and settled the entire
claim against her former husband Faisal (1* appellant) and other
appellants. Further she has agreed that she is not entitled any claims like
Iddha, Mathah, future maintenance and any other claims as a divorced
woman from her former husband.
6. As per the settlement, the 1* appellant has given half of the settlement
amount Rs. 7 lakh (seven lakh rupees)today and same was received by
the respondent shamna. The amount was paid under the demand draft No.
465836 dated 15/06/2022 drawn on South Indian Bank, Kootanadu
Ys* Aggeltou . (2e sPencla
J
Fisal easxfob oho - ~ | Suamaln He
branch in the name of shamna. The appellants agreed rest of the
settlement amount Rs. 7 lakh (seven lakh) will be paid to the respondent
within 90 days from today. If the rest of the settlement amount is not paid
within the time as mentioned above, the respondent has right to recover
the entire decree amount with interest as decreed by the Family court in
O.P. No 166/2013 from the appellants.
7. Two items of properties belonging to the appellants herein were attached
before judgment by the family court Ottappalam in O.P No. 166/2013.
The attachment now continues. The same properties were offered as
security to satisfy the condition imposed, by this hon'ble court in the
above appeal, to stay the execution of the impugned decree.Both parties
have now agreed that attachment over one item of property can be lifted
to facilitate the payment of balance amount of Rs 7 lakh (seven lakh
rupees). Both parties have agreed that they would submit necessary
application before the family court, Ottappalam to lift the attachment over
the item of property bearing Survey no. 132/1 with extent 50 cents
situated in Nagalassery Village, pttambiTaluk consisting of a two storied
residential building. On the attachment being lifted, all earnest efforts
would be made by the appellants herein to raise money using the said
item of property and pay the rest of the settlement amount, Rupees seven
lakhs, at the earliest.
8. The respondent Shamna is fully satisfied with the settlement for the entire
claims against the appellants and she has no objection in lifting the
attachment over the other item of the property after getting the balance
settlement amount, Rupees seven lakhs, as agreed above.
9. The matrimonial appeal No. 522/2016 might be decreed in terms of the
agreement.
Dated this the 16" day of June 2022
. Kerala State laa een Conciliation Cent Pe-serctant |
jst psqqo\lant High Court of Kerala ue SramntAr By
ae Kochi - 682 031
Fisr-L tovlels o
Appellants
1. Faisal K.V, aged 42 years, For fobs
S/o. Late, K.V. [email protected] Kunchiman 2
KutholaValappilVeedu, Peringode Post, Koottanad Via,
Thozhukkad, PattambiTaluk. 679535
2. Fathima aged 61 years, Lb4--
rs
W/o. Late, K.V. [email protected] Kunchiman
KutholaValappilVeedu, Peringode Post, Koottanad Via,
Thozhukkad, PattambiTaluk. 679535.
3. Firos, aged 36 years, S/o. Late, K.V. [email protected] Kunchiman SR
KutholaValappilVeedu, Peringode Post, Koottanad Via, |
Thozhukkad, PattambiTaluk. 679535.
4. Afsal aged 32 years, S/o. Late, K.V. [email protected] Kunchiman _ Le
KutholaValappilVeedu, Peringode Post, Koottanad Via, :
Thozhukkad, PattambiTaluk. 676 535.
Respondent: |
Shamna, aged 33 years, | ww
D/o.V.P. AbdulLatheef, Valiyaparambil House, .
. Sr amar Was
Kacherikkunnu, Cherpulassery P.O,
OttapalamTaluk. 679503.
e
Counsel Yor the Appellants - a ..
RASHEED. A .
HAROON RASHEE® P SAYARAM
oe ov Kerala, Ernakulam 'com ADVOCATE
High Co! [email protected] Roll
Mob: 98959846 yi
Neraid Scale Mecrauon and Conciliation Centrg
High Court of Kerala
Kochi - 682 031
__ BONO. K 277/4999
