Kerala High Court
Jisha George vs Valsamma on 17 March, 2022
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MAT.APPEZIIi NO. 350 0F 20|.I
AcalNST THE ruD®miT IN o.p.No.658/2ol4 oF Erml,I CrotRI,
I-/S: ROT±zL¥:RM ZLT E=TunnlrooR
•ISEIA GEORGE, AGEI) 38 YEARS,
D/O. GEonGE , EruI,IYANRAIAYII. HcOSE,
anlRAicozHZL vll+LZLca/cost ,
roTTA:tFAaf DlsmlcT-€$6 562.
BY ADV SRI.P.R.RAVISANKZ\R
REspcneRT/s :
VliL§Alrm, w/o. GEORGE ,
enNealLziTE[ TEEoppll. E[ous= ,
ARIBrlRIlzHI E®s=, AN=cHAD vllzACE,
HOTTArAM I)IsmlcT- 686 5o3.
sELayl GEORGE, s/O.GEORGE,
inNGhlATH TE[oEiplL HousE, 6TH MILE,
p]urmaeT post, normTm4 DlsTRIc=-686 502.
BY ADV SRI.SURIN GEORGE IPE
mls mTRrmNIAI, AppEAI. HAVING BEEIN FI"Ly EPEziRD ON
17.o3.2o22, TE count ore RE sale Day D=I,IVERm THE
roLErfHENG:
Mat.AppealNo.350/2017
TUDGRENT
A.Muhamed Must
+This appeal is at the instance of the petitioner i-n
O.P.No.658/2014 on the file of the I'amily Court, Kottayam at
Ettumanoor. The appellant is the wife of the pre-deceased son of
the first respondent. The second respondent is the brother of the
deceased. The appellant's claim for recovery of gold ornaments
has been negatived by the Family Court. Challenging the above
decree, she preferred this appeal.
2. The parties were referred to mediation. In the
mediation, the parties agreed to resolve all the disputes on the
following terms and conditions:
"1. The respondent Nos.1 & 2 had agreed to pay a
total amount of Rs.181akhs (Rupees Eighteen lakhs only) in
the names Of three minor children Of late Shibu Gecnge &
]isha George namely I) ]ubeena (female, minor, aged 11
years). 2). ]uleena Shibu (female, minor, aged 9 years) and
3) Tuwanna Shiha (female, minor, aged 9 years in three
separate fixed deposits of Rs.6.00,000/- (Rupees six lakhs
only) in the name of above said minor children in State
Mat.AppealNo.35o/2oi7
Bank of India, Athiranpuzha Branch within 08.02.202 7.
2. The above said fixed deposits shall be for a period
unti-I the children attains- 18 years-of age. The above said
children shall withdraw the above said fixed deposit
amount with interest added to it only after completing the
age of 18 years.
3. If the respondents 1 and 2 fails to pay the above
said amount as fixed deposit in the lrame of above said
minor children within 08.02.Z027, the above said minor
children shall have the right to realise the above said
amount with 6% interest per annum from 08.02.2027 till
date of realisation from the respondents and their assets."
3. The agreement entered into between the parties was
related to the benefit of the minor children. A longer period of
five years has been fixed to pay the amount ty the respondents.
Since minors are involved, we are not prepared to accept the
agreement jtr fofo. Once the agreement is translated to the
compromise decree, the court will have to ensure that the
beneficiary interest of the minors is protected. Accordingly, we
summoned the respondents to appear before this Court. After
deliberation with the parties and in consultation with the cotmsel
Mat.AppealNo.350/2017
appearing for the appellant, the parties entered into the following
additional understandings :
4. The total amount payable is Rs.18,00,000/- w.S a v7.j'
each child would get Rs.6,00,000/-. On attaining majority ky
each child, the respondents would pay Rs.6,00,000/-. This will
take a longer time than agreed between the parties before the
family Court. However, the snggestion was accepted on the
condition that a charge would be created over the property
r`eferred to in I.A.No.1/2022. Thus, supplementing the agreement
between the parties and recording the agr`eement, we dispose of
this appeal as follows:
i. There shall be a decree as to the amount agreed payable
to each of the minor children in the mediation agreement
produced before this Court.
ii. The time given to deposit is still attaining majority by the
child.
Mat.AppealNo.350/2017
iii. The respective amounts entitled to the child would be a
charge over the property mentioned in I.A.No.1 /202 1.
iv. On depositing the amount. the respective charges
would be discharged over the property.
v. It is open for the respondents to substitute the property
with any other property sufficient to honour the obligations of
each child.
vi. On default in depositing the amount, it will cany simple
interest at 6% p.a. from the date of deposit till the amount
realised by the minors, on attaining majority.
vii. The settlement agreement entered into between the
parties will form part of the judgment and the said agreement is
in force with the terms as modified dy us as noted above.
Sd/-
A.rmzLrm xps"QtJE, Jcoee
EEID-
SOPHY TE[Cus, JUDGE
ln
District Mediation Centre7 Kottayam
r5tiorethe_tloiha...thgiv.
C;asRTN"mir.er.....M).0.I..nAPpffil.^ld:.....35.O...4b..2;Q./.I..............
Memorandum of Agreement Under Section 89 of the Code of Civil
Procedure read with Rule £4 of the Civil Procedure (Alternative Dispute
Resolution) Rules, 2008
Plainif`f/ Ap pellant/ Petitienel`/ Defendent/ Respondent/ Aceused/ De-
rl.i fartn mmnlainant
jisha C;de /) V oyJf yrr)rrtt
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The parties above named beg to submit ds follows:
The a!jove-said StHt/s` Petition/s, Appeal/s, Corxplaint were referred to mediation for
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resolvlng the dispute between the parties. In the coi]rse of mediation, they have resolved their
dispute and have agreed the following terms and conditions:
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n ln vi.ew of the aforesaid agreement entered into between the parties, the parties pray that the Stlti/
s, Peifen/s, Appeal/s be decreed/disfrfed/disposed of, in terms of the aforesaid agreement.
3. In view of the aforesaid agreement, the Plaintiff/s, Appellanvs pray/s for refund of the full institution
Fee.
4. Partieswillappearon before the Hon'ble Court for passing Orders/
Decree in terms of the above said agreement.
L-___ T.-'
RAP9owl Nu.I
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PJand#f/s, Petjttcme r/s Defendant/s
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BespondentAs.M;2_ Th/rfl
3p#shtAthreT#g+¥jH€O,8` Accused.
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Advocate for Plaintiff/s. Advocate for Defendants
Petitioner/s, Appellents Bespondent/s
Applicanvs, Complainant Accused
VERIFICATION
We the parties above named, do hereby solemnly state and declare that what is contained in
paragraphs I to are true to the best of our knowledge, informa-
tion and belief.
as_ _
cjrf`sha [email protected]
Place : t<oTff>yrm plaintiff/s, Petitioner/s
Appellants,
r` Date: c>8-o2L,2,02.2 Complainant
Defenc!ajit/s, F]espondent/s
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