Kerala High Court
Saraswathy vs Vikraman on 15 September, 2022
IN THE HIGE[ couRT oF EGRZLln ]iT ERNAKULAM
PRESENT
THE HCINot7RZLBLE in. eusTlcE ANII. K.NAR=NDE`AN
6
TEE E[oNouRABLE i4R..usTlcE p.G. ArlTHHnnR
THURSDAr, THE 15TH I)A¥ oF sEPTrmER 2o22 / 24" BmDRA, 1944
inT.]LEipEAI, No. 186 oF 2022
AGAINST TEp= rol>Ge4ENT Ale I)ECREE DATED 3o.og.2o21 IN o.p.No.
8o8 OF 2ol7 CIN THE FILE oF TED Frml.I couRT, pAILhKKhl]
APEq=I,IANT/RE sporoENT :
SA- Err
AGED 35 YEARS
D/O . SUE)FREE
nooTTAppuRA E[ousE ,
M[JTHt7KUNNI , JIYILUR POST ,
ALnTE[uR TELt]K, pAIAREnD ,
PIN - 678510
BY JDV.
R . mRI sELENKnR
RESpcneEINT/pETITlowER:
VIE-
AGED 36 YEus
S/0 VIS©TEN,
vldn¥ vlELm,
m7DAPpAI.I.uR POST ,
AIAniTHUR TAI,uK, zilARIAD,
PIN - 678705
BY ADV.
NIREESH mTEb=w
THls inTRlicoNIAI, AppEAI, ELAVING ccaG up FOR ADonssloN ON
15.og.2o22, THE couRT CIN THE Sm4E DAr I)EI.IVERED THE FOLLChilNG:
Mat.Appeal No.186 of 2022
Anil K. Narendran, J.
The appellant is the respondent in O.P.No.808 of 2017 on the
file of the Family Court, Palakkad which was one filed by the
respondent herein seeking a decree of nullity of marriage with an
alternative prayer for decree of dissolution of the marriage. The said
original petition along with connected matters were disposed of by
a common judgment dated 30.09.2021. By that judgment,
O.P.No.808 of 2017 was allowed, Paragraph 36 of that judgment
rreadsthus:
"36. Point No.5 in O.P No.808 of 2017: In the resuit:
A. The petition is allowed in part and the decree is
passed as follows:
1. The marriage of the petitioner and the
respondent solemnized on 15.11.2014 is hereby
dissolved with effect from the date of decree.
2. On drawing up the decree, a true copy of the
decree shall be forwarded to the Registrar of Marriages,
Guruvayur Municipality, wherein the marriage of the
petitioner and the respondent was registered for
necessary follow up action.
a. The prayer of the petitioner for a decree of nullity
of marriage is disallowed.
C. Both paities are directed to suffer their respective
costs."
Mat.Appeal No.186 of 2022
2. Challenging thejudgmentand decreedated 30.09.2021,
in O.P.No.808 of 2017, the appellant filed this appeal, invoking the
provisions under Section 19 of the Family Courts Act, 1984. On
15.03.2022, when this appeal came up for admission, this Court
admitted the matter on file and issued notice to the respondent by
speed post. In I.A.No.1 of 2022, this Court granted an interim stay
of operation of decree and judgment in O.P.No,808 of 2017 dated
30.09.2021 on the file of the Family Court, Palakkad, for a period of
three months.
3. During the pendency of this matter, the parties were
referred for mediation. The parties have settled their disputes in
mediation. The memorandum of agreement dated 12.07.2022,
executed under Section 89 of the Code of Civil Procedure, 1908,
read with Rules 24 and 25 of the Kerala Civil Procedure (Mediation)
Rules, 2008 is placed on record along with the report of the Mediator
dated 12.07.2022.
4. Today, when this matter is taken up for consideration,
the learned counsel for the appellant and also the learned counsel
for the respondent would submit that this appeal may be disposed
of in terms of the settlement recorded in the memorandum of
Mat.Appeal No.186 of 2022
agreement dated 12.07.2022.
In such circumstances, this appeal is disposed of in terms of
the settlement recorded in the memorandum of agreement dated
12.07.2022, which shall form part of this judgment.
Sd/-
ANIL I(,NARENDRAN
JUDGE
Sd/-
P,G, AJITHKUMAR
JUDGE
PV
+
BEFORE THE HONOURABLE HIGH COUFtT OF
KERALA AT ERNAKULAM
Mat Appeal No.186 of 2022
Saraswathy Appellant
Vikraman Respondent
a BMIFTED BY THE MEDIAT
ADV. P- R.
Mediated; parties could settled their dispute. Terms of
settlement are attached herewith.
Dated this the 12th day of July, 2022.
®
Ernakulam Mediation Centre
BEFORE THE HONOURABLE HIGH COURT OF I(ERALA
AT ERNAKULAM
Mat. Appeal. No.186 of 2022
Saraswathy Appellant
Vikraman Respondent
MEMORANDRUM OF AGREEMENT UNDEF` SECTION 89 0F THE CODE
OF CIVIL PROCEDURE READ WITH RULES 24 & 25 0F: THE I(ERALA
CIVIL PROCEDURE (MEDIATION). RULES. 2008:
® Both parties have decided to settle their dispute on the following
terms and conditions:
1. Respondent Vikraman has agreed that as part of settlement of
all the cases filed each other, he will assign the plaint
scheduled property shown in O.P. No.1073/2021 and also in O.P.
NO.205/2017 of the Family Court, Palakkad, without any
a encumbrence in favour of Appellant Saraswathy. Respondent
Vikraman has agreed to close the Home Loan on the property
and pay an amount of Rs.2,00,000/-(Rupees Two Lakhs only) as
full and final settlement of all the claims of the Appellant
Saraswathy, against the Respondent Vikraman, out of
dTrdulerftyorve "A,qt:rst.
and ConciLialion C.IWI
Kerala Stale
High Coun ot K®r.la
Koch-682031
0.P.NO.1073/2021, O.P. No.205/2017, O.P. No.808/2017 and
M.C.NO.98/2017.
2. Appellant Saraswathy has agreed to take steps to lift
attachment ordered in respect of the petition scheduled
property, so as to facilitate the assignment of the property in
favour of the Saraswathy by Vikraman.
® 3. Both parties have agreed that by this agreement both parties
shall not have any claims against each other what so ever in
the future,
4. Appellant Saraswathy has agreed that if any other matter,
including any criminal proceedings is pending against
Respondent Vikraman and his family members, she will co-
operate with the respondent Vikraman to close those matters.
a Dated this the 12th day of July, 2022.
`J\'L®`pral
^6qrfu+j+ap:#fa' Respondent
Saraswathy Vikraman
_ .f±Lnt
cgu\n¥TfoTeAppe,,ant Counsel for the
ve and Con¢iria`ion C.me
Kefala State hoe 'a'lon
High Court of Kerala
Kochi - 682 031
VERIFICAtloN
We, the parties above named, do hereby solemnly state
and declare that what is contained in paragraphs 1 to 4 is
true to the best of our knowledge, information and belief.
Dated this the 12th day of July, 2022.
®
drrpjc9.#rty¢ viNdy
Appellant Respondent
Saraswathy Vikraman
a
