Kerala High Court
Nigil Joseph vs Reetha Lidiya on 16 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKUILAM
PRESENT
THE EIONOuRABRE MR. dusTlcRE A.MUHAnfiD M(rsTAQUE
&
THE HONouRABI-E ins. JUSTICE SoPH¥ THonms
wEENESDAy, TEE i6TH DAy OF mRCH 2o22 / 25TH pHAI]GUNA, 1943
Imp.AppEAI. No.8o oF 2olg
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AGAINST THE ORDER/JUD®ENT IN OP 737/2015 0F FAMILY COURT,
APPELLENT/PETITIONER:
NIGIL JOSEPH,
AGED 34 YEARS
S/O. JOSEPH,
ARASSERY HOUSE, RAMESWARAM VILLAGE,
KOCHI TALUK, KOCHI -682 507.
BY ADVS V.P.MOHAMMED NIYAZ
AUGNES LOVELY FRANCIS.
REsroNI)ENT/RESPoNDENT:
REETHA I]IDIYA, AGED 27 YEARS,
D/O. IAWRENCE,
THARAYIL HOUSE,
NEAR MALAKKAPPADI BUS STOP,
NORTH CHELLANAM. P.O,
CHELLANAM VILLAGE,
KOCHI TALUK, KOCHI -682 008.
BY ADV K.G.RAJEESH
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
16.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat.Appeal No.80 of 2019
A.MUHAMED MUSTAQUE &
SOPHY THOMAS, JJ.
---,, I ,,I ,,------------------------------
Mat.Appeal No.80 of 2019
---------.-.-.--.-----------------------
Dated this the 16th day of March, 2022
JUDGMENT
Sophy Thomas_, I,_
The husband is the appellant herein. He filed O.P No.737 of
2015 before the Family Court, Ernakulam for dissolving his marriage
with the respondent/wife. That petition was dismissed against which
he has come up with this appeal.
2. Pending appeal, the parties were referred for mediat:ion. In
the mediation, they have resolved all I:he disputes and ent:ered into a
settlement agreement. The settlement agreement is on board. In
the settlement agreement, it is stated that the parties have resolved
all the disputes including monetary matters and the appellant paid
the amount agreed, in full and final settlement.
3. The parties appeared before us in person and expressed
their consent to dissolve t:heir marriage on mutual consent. They
Mat.AppealNo.80of2019
filed I.A No.1 of 2022 under Sect:ion 10A of the Divorce Act for
dissolving t:heir marriage on mutual consent.
4. The marriage between the appellant and respondent was
solemnised on 22.09.2013 and they lived together only for few
months. They are living separately for a considerable long period
and both of them expressed their intention to dissolve their marriage
on mutual consent. Their intention seems to be bonafide and
genulne.
Therefore, I.A No.1 of 2022 is allowed and the marriage
between the appellant and respondent solemnised on 22,09.2013, is
hereby dissolved. The settlement agreement is recorded and it shall
form part of the I.udgment.
The Mat.Appeal is disposed of as above, without any order as to
costs. Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SOPHY THOMAS
JUDGE
Smp
lN THE HONOURABLE HIGH COURT OF KERALA
AT ERNAKULAM
Mat. Appeal No.80 0f 2019
Nigil JOseph. Appellant
VS.
Reetha Lidiya Respondent
MEMORANDUM OF SETTLEMENT AGREEMENT FiLED UNDER RULE 24ri
OF THE clviL pROcEDURE r ALTERNATlvE DispuTE REsOLUTioNi
RULES. 2008.
Parties hereto have settled the dispute between them on the following terms;
1. Parties have been living separate for more than 7 years. Both agree that
the marriage is irretrievably broken down and hence, they have agreed to
dissolve the marriage between them by filing a petition for divorce by
mutual consent under,Section 10 A of the Indian Divorce Act,1869 before
this Hon'ble Court.
2. Parties agree to file an lnterloculory Application in the above Appeal for
obtaining a decree of divorce by mutual consent. They also agree to file an
lnterlocutory Application for exemption from the statutory period of 6
months for grant of a decree of divorce, along with requisite applications
and affidavits. The petition for divorce has been prepared and executed
today simultaneous with this settlement agreement.
3. The Appellant agrees to return an amount of Rs. 2,00,000/-(Rupees Two
Lakh Only) of the respondent to her.
4. The Appellant hereby agrees to pay Rs. 50,000/- [Rupees Fifty Thousand
only] towards the entire legal expenses incurred by the Respondent.
5. The Appellant has handed over today Rs. 2,50,000/- [Rupees Two Lakhs
Fifty Thousand only] in cash to the Respondent. Respondent hereby
acknowledges receipt of the said amount.
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6. The Appellant has returned one Almarah, Gift articles, Dress and Study
materials of the Respondent, kept in the house of the Appellant, to the
Respondent on 06/03/2022 and the Respondent hereby acknowledges
receipt of the aforementioned articles.
7. The Respondent has returned the `Thali' mala weighing approximately
Four Sovereignsof gold to the Appellant today and the Appellant
acknowledges receipt of the Gold ornament.
8. Respondent hereby agrees that all her claims against the appellant have
been settled and that she will not raise any claim in future against the
Appellant for maintenance or alimony. Respondent also hereby agree that
the payments mentioned above have been made to her in implementation
of the settlement between her and the Appellant.
9. Parties have no further claim against each other.
10. The appeal may be disposed off in terms of this settlement
agreement without costs to either side.
Dated this the 10th day of March, 2022.
i.>±r
Respondent : Reetha Lidva
Signed before us.
`iJg-:..'` .,
Adv. V.P. Mohammed Niyas Adv. Rejeesh K.G
Counsel for Appellant Counsel for Respondent
Verification
We, the parties above named, do hereby solemnly state and declare that
what is contained in paragraphs 1 to 9 above are true to the best of our
Place: Ernakulam
Date: 10/03/2022
4-
Kerala State Mieclia:Ion 3rd C,onciliation Centre
HIgh Court of Kerala
Koc,h\ -682 031
