Kerala High Court

Arun Sivaram vs Sulaja.S.V on 28 June, 2022

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
SHE HONOURABLE MR. JUSTICE A.MURAMED MUSTAQUE
&
THE BONOQURABLE MRS. JUSTICE SOPHY THOMAS
yURSDAY, THE 26°" pay oF FEM 2022 / TYR ASHADHA, 1944
MAT APPEAL NO. 504 OF 29019
AGAINST THE ORDER/JUNGMENT IN OP 286 /2017 OF FAMILY court,

 

APPELLANT &S :

ARON SIVARAM, AGED 38 YEARS,

8/O. SIVARAMAN, RESIDING AT GANASUDEA, KAVIYOOR
P.O., BADINGATTOMCESRI MURT, RAVIYOOR VILEAGE,
TRIRUVALOA TALUR, PAPTRANAMYTEITTS DISTRICT.

BY AOVS .

MANY RAMACHANDRAN
M. RIERANLAL

Y.8. SARATR
R.RAJESE (VARRALA}
SANEER NM NAIS

RESPONDENT /S :

SULATA.8.¥., D/O, VASANTRARUMARY, SUNTI: VIBAR,
ROUSE NO. 9/476, BULASERARAM, BQOUNGANOOR. B.O..
YVADTEYOORRAYU, THIRUVARANTRADURANM DISTRICT ~ 695
823.

 

BY ADV SRI. 8 ATT TRRUMRR

SEIS MATRIMONIAL ADPEAL HAVING BERN FINALLY EEARD ON
48.06.2022, ALONG WITK Mat.Appeal S06/2019, YEE CaURT on
SRE SANE DAY DRLIVERED THE FOLLOWING:
 

IN THE HIGH COURT OF KERALA AT ERNARULAM

PRESENT
THE RONQURABLE MR. JUSTICE A. MYSAMED MUSTAOUR
&
TRE HONOURABLE NERS. JUSTICE sorpEy reams
TURSDAY, TRE 287" DAY OF JUNE 2022 / 7TH ASHADRA, 1944
MAT. APPEAL NO. SOS OF 2618
AGAINST THE ORDER/ JUDGMENT IN OP 2450/2012 OF FAMTRY COURT,

RSETEANSA?

 

APPELDANT (Ss

ARON SIVARAM, AGED 28 YEARS,

8/O. SIVARAMAN, RESTDING AT GANASUDBA ,
RAVITOOR F.O., BADINGATTORORERT MUST,
RAVIYOOR VILLAGE, THIRUVALLA TALUR,
PATHANAMTELITIA DISTRICT .

BY ADS .

MANU RAMACKANDRAN
M. RIRANTLAL

T.S. SARATH
R.RATESH (VARRALA}
SaMBER N NATE

RESPONDENT/S

  

SULAJA &.¥., DO. VASANTRARUMART,

SUNIL VISAR, HOUSE NO.$/478, KULASERBARAM,
RODUNGANOOR. B.O., VATPIYGOREAYE ,
TRIRUVANANTHARURAM DISTRICT ~ 685 043,

BY ADV SRI.S. 5. ATUPERUMAR

TRIS MAPRIMONTAL APPEAL BAVING BREEN FINALLY BEARD on
28.06.2022, ALONG WIes Mat.Appeal.S04¢/2018, THE caURT on
SEE SAME DAY DSLIVERED TSE FOLLOWING:
 

aN TSE RIGH COURT OF RERALA AT ERNARULAM
PRESENT

THE HONQURABLE MR. JUSTICE A.MUBAMED MUSTAQUE

&
SEE BONOQURABLE NRS. JUSTICE SOPHY TRONAS

TUESDAY, Tae 28°" pay oF GUNE 2082 / TYR ASBADEA, 1944

REFC NG. 276 OF 20178

AGAINST THE ORDER/ JUDGMENT IN MC 618/2012 OF FAMILY COURT,

 

REVISION PETITIONER SS:

ARUN STVARAM, AGED 39 YEARS,

S/O. LATE KR. STIVARANAN, RESIDING AY GADBASUDRA,
SAYTFOGR F.O., FELROVALLA, NOW RESTOING ar

P.A. TO THE CONTROLLER OF ERANINATION, KANNUR
UNIVERSITY, MATARATRO PARAMBE |

 

BY ADV SEI.MANU RAMACHANDRAN

SNe a ae ee

3

SULAJS S.N., AGED 32 YEARS

W/O. ARUN SIVARAM, RESIDING AT SUNIL VIRAR,
HOUSE NO.S/47€, RYLASEENARAN, KODUNGANOOR BO...
VAPTTYOORRAYU, THERUVANANTHAPURAN |

DSVANANDSA, AGED 12 YEARS,

{MINOR}, O/G. ARUN SIVARAM, RESIDING AT SUNTL
VISAR, HOUSE NO.O/476, EULASEREARKM,
RODUNGANOOR P.O, , VAIETYOORRAYSE ,
PEIRUVANANTRAPURAM, REPRESENTED BY MOTSER,

BY ADV SRI .7.S. ASETRRUMAR

THIS REV. PETITION CORAMILY COURT) RAVING BEEN FINALLY HEARD
GN 28.06.2022, TEE COURT ON THE SAME DAY DRSILIVERED THE

FOLLOWING :
 

JUDGNENT

[Mat . Appeal Noa. 5d¢/2019 § SOG/SO1L8 and BLP. iPC}
We 275 (20184

&.Muhemed Mustague, 3.

Read cur order dated 24.6. 2833.

it is submitted that all the terms and conditions
agreed in the compromise petition have been complied with
and the parties have no objection in recording full
satisfaction. In such view of the matter and in the light
of the interaction we had on the last occasion with the
parties, we allow 1.A.No.2/2822 and dissolve the marriage
between the appellant and the raspondent seolemmised on
26.04.2018 invoking Section 128 of the Hindu Marriage Act.
it is made clear that no other claims survive between the
parties. The compromise agreement will form part of the

jJudguent. The Mat.Appeals are disposed of as above.

in the light of the compromise agreement, the 8.P.{FC)
is also disposed of recording full satisfaction of the

claims.

a f~
A. MUBANED MUSTAQUE, JUDGE
Sd
SOPRY TROMAS, cIDGE
 

 

 

 

 

 

IN THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
(Civil Appellate Jurisdiction)
Mat. Appeal No. 504 of 2019

(Against the judement dated 19.12.2018 in O.P No. 286/2017 on the files
"fe

af Family Court, Nedumangad)

Appellant/Petitioner » Arun Sivaram
Vs
Respondent/Respondent > Sadaja SY
COMPROMISE AGREEMENT

 

This agreement as on 8" day of June 2022 is executed at the office of
MARKS LEGAL, Advocates, Anu Arcade, 3° Floor, Opposite gate No. 3
of High Court of Kerala, Ernakulam- 682 031 between Arun Sivaram, Svo
K. &. Siveraman, Residing at Ganasudha Kaviyoor P.O., Thiruvalla
hereinafter referred as FIRST PARTY and Sufaja & PF, Dro FO OK.
Sukumaran, Residing at Sunil Vihar, Kulashekaram, Vattiyoorkavu,
Thiruvananthapuram herein after referred as SECOND PARTY. The
FIRST PARTY and SECOND PARTY collectively shall be hereinafter
referred as PARTIES:

WHEREAS the PARTIES herein are married to each other and as the
marriage being irretrievably broken down, they have been living separated

since 05,08.2012;

WHEREAS, PARTIES herein have a girl child born out of wedlock:
Kumari Devanandha A.S. who is in the custody of SECOND PARTY;

Pe 4
& 3 _--e oh gad ~~ . Sv ex sg
SA ke AAS ~ & ee Bs fis RA

weet 2. Fos

  

XN

 

 

 

 
 

 

 

WHEREAS, FIRST PARTY as part of the disputes with SECOND PARTY
had preferred O.P. No. 1050 of 2013 before Hon'ble Family Court,
Thiruvalla, which is subsequently transferred to Hon'ble Family Court,

Nedumangad being renumbered as O.P, No. 286 of 2017;

WHEREAS SECOND PARTY as part of the disputes with FIRST PARTY
had preferred O.P. No. 2450 of 2012 and M.C. No. 618 of 2012 betore
Hon'ble Family Court, Nedumangad;

WHEREAS, the abovementioned legal proceeding while being pending in
appeal before Hon'ble High Court in Mat. Appeal No. 504 of 2019; Mat.
Appeal No. 506 of 2019; and R.P. (F.C.) No. 270 of 2016, the PARTIES
have resolved the disputes between them on the following terms and
conditions and agreed to the mutually consented divorce to be filed before

Family Court, Thirevalla;

1. The FIRST PARTY agrees to deposit Rs 20,00,000/-INR (Twenty Lakhs
Indian National Rupees} in name of Kumari Devanandha A.S. in the
Kisan Vikas Pathra Scheme of India Post Office and handover the
deposit certificate/receipt to the SECOND PARTY, The FIRST PARTY
shall be ready with post office fixed deposit receipt of the above
mentioned amount in the name of Devanandha A.S. and handed over to
SECOND PARTY simultaneously with the tendering of evidence in the
joint divorce petition filed by PARTIES before the Family Court,
Thiruvalla. The SECOND PARTY shall co-operate with the FIRST

PARTY in making the above mentioned deposit in the name of the child.

2. The SECOND PARTY agrees to use the abovementioned amount and

related interest only for the benefit, welfare and education of Kumari
~ i

   

> Sut ey Soh Ha .
RRMA SAW AR Boy ~ ate See P BEN Py oess
aw" ce SE dL PP ed PE Ms

 

 

 
 

 

 

 

    

aR

6.

- - ces ws ~ i awe Sos FET. FR wos
& g : oe Sh fey re Sh eee fe PigeP oN Sa. i
A Raya wes RAs Rak age Me AG PT BE SA

-

Devanandha A.S.

. The FIRST PARTY will have the right of visitation and association with

Kumari Devanandha A.S. at the educational institutions wherein she studies for reasonable time. The FIRST PARTY will have the right to video call and interact with Devanandha A.S and SECOND PARTY shall not restrict or obstruct the Devanandha A.S or FIRST PARTY from

the above acts.

The FIRST PARTY shall pay an amount of 10,50,000/- INR (Ten Lakh Fifty Thousand only) to SECOND PARTY in lumpsum as part of the full and final settlement of whole monetary claims including maintenance between the PARTIES. The SECOND PARTY acknowledges the receipt of Rs.6,000,00/- INR (Rupees Six Lakhs only) by way of demand draft no. 697696 of SBI, Banerji Road Branch in favour of SECOND PARTY having account at SBI, Vattiyoorcavu Branch from the FIRST PARTY. The FIRST PARTY agrees to handover the balance amount by way of demand draft to the SECOND PARTY simultaneously with the tendering of evidence in the joint divorce petition filed by the PARTIES before the Family Court,

Thiruvalia.

The SECOND PARTY acknowledge the receipt of gold ring weighing 6 grams); gold bangle weighing 8 grams; Gold Necklace and two gold rings weighing together 16 grams on 04.04.2022 from the FIRST PARTY;

The PARTIES resolved to open the bank locker in Kavi

oye OY

es : fn se

Cooperative Bank, Kizhakebagham Branch, wherein gold ornaments received as parental share by SECOND PARTY and gold ornaments received as gift to Kumari Devanandha AS. weighing a total of 160 grams is kept. The FIRST PARTY agrees to handover the entire gold ornaments in the bank locker in Kaviyoor Cooperative Bank, Kizhakebagham Branch to SECOND PARTY upon receipt. The SECOND PARTY shall be the custodian to the abovementioned gold.

While collecting the abovementioned gold the PARTIES individually

shall produce two witnesses from their side and abide the instruction of

officers of the bank:

7. Below scheduled are the articles gifted te SECOND PARTY which are kept at FIRST PARTY's residence at Kaviyoor. These articles shall be parceled ta the SECOND PARTY's residence at Kulashekarath,

Thiruvananthapuram within one week of date of execution of this

compromise.

Serial | Particulars Numbers

No.

| Big Cheruvam 2

2 Medium Cheruvam \

3 Grinder 1

4 Nila-Vilaku 1

5 Small Kind: 1

6 Small Parra 1

7 Small Chandanthiri holder 1

8 Curry plate =

9 Small Chembu Cheruvam I

10 Steel Cheruvam 2

il Small Thukk Pathram 1

12 Adap Pathram 1

13 Steel Kallam 1 ARMA LOA Rae Ae | SHARAN ay ce

14 Adapillatha Pathram { iS Thavi 2 16 Spoon 1 17 Korika i 18 Chaya Aripa i 19 Stee] Thavi i 20 Kalyana Saree 2 al Blouse I 22 Black Suit Case ] 23 Violet Plastic Basket j 24 Puttum Kutti 1 25 Watch l 26 Small Curry utensil 2 27 Kallam Vekyuna Thiruka I 28 Fridge 1

. The PARTHES shall file for mutual divorce before Family Court,

Thiruvalla within one week

from the date of execution of this

compromise agreement. The PARTIES shall cooperate and aid to

complete the divorce proceedings at the earliest.

. The PARTIES agrees to withdraw all claims and waive there right over the claims made through O.P. No. 2450 of 2012; M.C. No. 618 of 2612; and O.P. No.286 of 2017 before Hon'ble Family Court, Nedumangad. The FIRST PARTY shall withdraw appeals preferred from the

abovementioned cases before Hon'ble high Court of Kerala.

10.The PARTIES are in full and final settlement of disputes between them

and in full and final settlement of claims of their issue Devanandha A.S.

as per the terms contained above.

_-- saree % --

, 4 De," Vranganad

11.The lumpsum of 10,50,000/ INR (Ten Lakh Indian National Rupees) is

paid to SECOND PARTY on mutual consent for betterment, welfare and

' wen poy SD : Vy y A Rue SY AR As . XS

» 8 Ragen we

aan

ee, Arey