Kerala High Court
Thalhath P vs Anisa M on 29 June, 2022
IN THE RIGH COURT OF KERALA AT ERNANULAM
PRESENT
THE HONCURABLE MR. JUSTICE A .MUBBMED MUSTAOUE
&
TRE HONOURABLE MRS. JUSTICE SOPEY TROMAS
WEDNESDAY, THE 297" DAY OF JUNE 2022 / STH ASBADHA, i944
OF (FC) NO. 81 OF 2085
TA 580/022 IN OF 3049/2021 ON THE FILES OF TEE FAMTILY
COURT, ERNARULAM
PETITIONER / PETITIONER :
NR. TRALBATE B.,
AGED 35 YEARS,
S/O.MOIDU PALOLI BR @ PALOLI ROUSE, VELLORE ,
VANIMEL, ROOTYOURA P.O, KOSEIRODE ~- €73506,
PRESENTLY RESIDING AT PURVA GRAND BAY, FLAT NO.
L2i0, MARINE DRIVE, KOCHI, PIN - 682018.
SY ADY V. BARTER
RESPONDENT / RESPONDENT :
MRS .ANISA M. ,
AGED 34 YEARS,
D/O. OR. B.M. MOBANMED R @ TRANAL PNRA L298,
PRASANTHI NAGAR ROAD 40, EDAPBALLY B.O, BIN -
SIS024 .
BY ANS.
SAIBX JOSE KRIDANGOOR
BENSNT ANTONY BAREL
ANOOP SEBASTIAN
PRAMITSA AUGUSTINE
TRINE MATHEW
ADITEYA KIRAN ¥.E
ANJALI NAIR
THIS OF (FAMILY COURT) BRAVING COME UP FOR ADMISSION
ON $8.06.2022, TRE COURT ON TRE SAME RAY DRLIVERED TRE
PORLOWING :
OP (FC}Ne. 81 OF 2022 2
JUDGMENT
A.Muhamed Mustaque, J.
This original petition was fled seeking the following relief:
"Py Yo direct the respondent not to take away the
children that is giri child Tfrah TP, aged 9 years and boy
chiid Rehan Mohammed T, aged Y years from the
Jurisdiction lint of the Nan'ble Court®
2 This Court referred parties to mediation. Parties
resolved the dispute in mediation. Mamorandum of settlement
entered between parties is on board along with the report of the
Mediation,
3. We dispose of the original petition recarding the
settiement. The settlement agreement placed before this Court
along with the report will form part of the judgment of this Court.
Sd/-
&.MUNAMED MUSTAGUE,
JUDGE
Sd/-
SOPNY THOMAS,
AUDGE
DSV/29.06. 2022
BEFORE THE HON'BLE HIGH COURT OF
KERALA
OP (FC) No el of 2022
THALHATH P >; PETITIONER
Versus
ANISA M : RESPONDENT
MEMORANDUM OF SETTLEMENT FILED UNDER SECTION
89 OF THE CODE OF CIVIL PROCEDURE READ WITH
RULES 24 AND 25 OF THE CIVIL PROCEDURE
(ALTERNATIVE DISPUTE RESOLUTION}, RULES, 2008
1. The above case was referred for mediation for resolving the
disputes between the parties vide orders of this Hor'ble Court.
The parties and their counsel had appeared. There were joint
and individual sessions of mediation taken place, In the course
of mediation, tse parties have resolved their disputes In the
above-mentioned OP (FC) and agreed to the following terms.
ba
. The parties in the above-mentioned OP(FC) have onitually
agreed to settle the said case before the mediation centre of the
Horble High Court of Kerala on the following terms and
conditions:
-- . : Dohey
PESPR hake ct
all Ras 3M Athen Raye td
a. The parties herein solet arized their marriage as per the
Islamic rites and rituals on 13.09.2010 at the Town Hall,
Ernakulam, in the presence of guests and friends from
either side of the parties. The marriage was also registered
under RULE 11(1) of the Kerala Registration of Marriages
{Common} Rules, 2008 vide Certificate No.380/2010
dated 23.09.2010.
b. The parties have two cnildren horn in the lawful wedlock.
Ch
The children named IFRAH T.P, girl aged 10 years, born
on 31.03.2012 and REHAN MOHAMMED T, boy aged 3
years born on 24.04.2014, the children are at present
residing with the respondent.
_ WHEREAS, after the marriage, owing to the difference of
opinions and increasing incompatibility, the relationship
between the parties in due course of time deteriorated and
eventually their marital relationship has broken down and
they had entered into a MUBARAVAT Agreement for
mutual dissolution of marriage on OS. 12.2021. As per the
said agreement, the parties have dissolved their marriage
for their better future and interests on 18.12.2021 vide
the judgement and decree of the Family Court in OP NO.
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3044 (202 1.
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d. The parties had also received the judgement and decree of
the Hon'ble Family Court in OP No. 3049/ 202 1(FC}.
Subsequently the petitioner filed LA No.880/2022 in
Family Court in O.P NO.3049/2021(FC) and OP(FC}
81/2022 before the Honourable High Court of Kerala.
Pursuant to the mediation held between the parties at the
High Court Mediation Centre, the above two petitions filed
by the petitioner comes te closure. The parties have
mutually agreed to abide the conditions of the
MUBARA'AT agreement dated 08.12.2021, in its letter and
spire,
3. Both parties have signed this agreement after reading and fully
understanding the terms of this agreement.
Dated this the 17% day of tune, 2020
re, >
PETITIONER RESPONDENT
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Thalhath P Anisa M
Counsel for the petitioner Counsel for the respondent
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bios A eas ah HR
PS a GS OFS BE
pe
VERIFICATION
We, the parties above named, do hereby solemnly state and
declare that what is contained in paragraphs 1 te 3 are true to
the best of our knowledge, information and belief,
Petitioner : THALHATH P
OF CPC} No. 81 OF 2022 a
AFPENDIZ OF OF {FC} 92/2022
PRTITIONER'S EXHIBITS
Exhibit Bi FROG COPY OF TRE OF NO. 3044/2021 FILED
BY THE RESPONDENT BEFORE THE FAMILY
COURT ERNARUDAM DATED 14.12.2022.
Exhibit B2 TRUE COPY OF THE COMPROMISE PETITION
FILED BY THE PETITIONER BEFORE THE
FAMILY COURT ERNARULAM DATED 14.12.2021.
Exhibit PS TRUE COPY OF TRE MUBARA'ATH AGRERMENT
ERRCUTED IN BETWEEN THE PSTIPPTONER AND
THE RESPONDENT DATED 68.12.2021.
Exhibit Ba TRUE COPY OF THE I.A S80 /2022 IN OF.
S048/2021] FILED BY THE PETITIONER BEFORE
THR PAMILY COURT ERNAKULAM.
RESPONDENT'S EXHIBITS :
Bahibint Bi {a} FRU COPY OF MOBARA'ATR AGREEMENT Daten
. 8-12-2021.
Exhibit Ri th} PROS COPY OF THE FUDGMENST AND DECKREX
BENDERED BY THE FAMILY COUR' ERNAKULAM
IN OF NO. 3044/2021 DATED 18-12-2021.
Exhibit Rite} TRUE COPY OF ATTENDANCE REPORT FROM EMC
HOSPITAL .
Exhibit Ri ia} FRUE COPY OF THE T.A.NO. 6221/2081 IN GOP
3049/2021 (COMPROMISE PETTTToN} .
Exhibit Riis} TRUE COPY OF THE JUDGMENT AND DECREE IW
L.A.NO. 6221/2021 IN GOF 3649/2021.
Exhibit R1(f} TRUE COPY OF THE RECEIPTS OF THE
RRUCATIONAL EXPENSES OF THE CHLLOREN
BORNE BY THE RESPONDENT .
Exhibit Ri ig} TRUE COPY OF TRE EMAIL CORRESPONDENCE
DATED 6~S-2022 BETWEEN THE RESPONDENT
AND THE PETITIONER.
Exhibit Ri th} TRUE COPY OF THE CURRENTLY WORKING
CERTIFICATE ISSUED BY THE HOSPITAL
MANAGEMENT IN FAVQUR OF TRE RESPONDENT.
Bxhibit Rit) TROE COPY OF THE SCREENSHOT OF TRE
WHATSAPY CHATS .
ERBibit BL} TRUE COPY OF THE BANK STATEMENTS sRow;rec
SSE REMITTANCE OF MONEY TO Tar
PETITIONER BY TRIS RESPONDENT AND TRE
RETURN OF MONEY BY THE PErrrrones.
Behibit Ri i(k} SRUE COPY OF THE ACCOUNT DETATELS of Emre
BANK OF THE CHTLOREN.
