Kerala High Court

Prashanth vs Jisha Sekhar on 24 February, 2023

            IN THE HIGH cOuRT OF RERAIA AT ERIuruL"
                               PRESENT
          THE Hong017RABLE in. ]]usTlcE EVIL K.NAErmEN

                                  6
           THE HONOuRABI,I in.]usTlcE p.G. ATITHKurm
  FRIDAY, THE 24TH DAY OF FEBRU"Y 2023 / 5TH PHAliGURA, 1944

                   EBLT.JLPPEAII NO. 1121 0F 2P±£
  AGAINST THE ORDER/]t]I>@miT DATED o7.o7.2ol8 IN Op 52/2oi4

                OF FAMII.y cOuRT,         THANzunHITTA
£2ELEI,ILENTs/REsponl)ENTs 1 ANEp2p±

          PRASHANTH, AGED 42 YEARS,
          S/O.LATE P.R.VASUDEVAN NAIR,
          RESIDING AT PULICKARATTIIj PUTHUPARAMPIL,
          VALACHUZHY, PRAMADOM VILIAGE,
          MAI,LASSERY (P.O) , PATHANAMTHITTA DISTRICT
          REPRESENTED BY THE POWER OF ATTORNEY HOLDER
          K.G.RATHNArm4A, AGED 64 ¥EARs,
          W/O.VASUDEVAN NAIR, RESIDING AT PULICKARATTIL
          PUTHUPARAMPIL, VALACHUZHY,
          PRAMADOPM VILLAGE, MALljASSERY (P.O) ,
          PATHANAMTHITTA DISTRICT.

          RETHNAm4A,    AGED 64   yEARs
          W/O.VASUDEVAN NAIR,
          RESIDING AT PULICRAKATTIL PUTHUPARAIPIL,
          VALACHUZHY, PRAMADOM VILLAGE,
          MALLASSERY (P.O) , PATHANAMTHITTA DISTRICT.

          BY ADV M.V.S.NAMPOOTHIRY


B|S_poroENTS/PETITIORER AND 3RE RESP0roEE

          JISHA SEKHAR, AGED 36 YEARS
          D/O. A. CHANDRASEKHARAN PILljAI,
          SYAMALA BHAVAN,    THUVAYOOR SOUTH      (P.O. ) ,
          KADAMPANAD,    ADOOR,   PATHANAMTHITTA DISTRICT,
          PIN-691552
 Mat. Appeal No.1121 of 2018




               PREETHA SASNE, AGED 42 YEARS
               D/O.VASUDEVAN NAIR, RESIDING AT PULICKAKATTIL
               PUTHUPARAMPIL, VALANCHUZHY,
               PRAMADOM VILLAGE, MALLASSERY (P.O) ,         PATHANAMTHITTA
               DISTRICT,        PIN-699646.

               BY ADVS.
               SRI.K.B.PRADEEP FOR RI
               SHRI.HARISANKAR R FOR R1


        THIS    MATRIMONIAli     APPEAL   HAVING   BEEN   FINALLY   HEARD   ON

24.02.2023,     THE     COURT     ON    THE   SAME    DAY    DELIVERED      THE

FOLLOWING:
 Mat. Appeal No.1121 of 2ol 8




                               JUDGMENT

Anil K.Narendran, J.

The appellants are respondents 1 and 2 in O.P. No.52 of

2014 on the file of the Family Court, Pathanamthitta, which was

one filed by the lst respondent herein seeking a decree directing

the appellants and the 2nd respondent to return Rs.5,00,000/-

shown in schedule A to the petition with interest and also to get

back 97 sovereigns of gold ornaments of 22 ct. shown in

schedules B(a) and B(b) or its present market value, and to

direct the lst appellant to pay Rs.8,00,000/- with interest as per

the schedule C to the lst respondent. The Family Court,

Pathanamthitta allowed 0.P. No.52 of 2014 by the judgment and

decree dated 07.07.2018, the operative portion of which reads

thus:

"In the result, this petition is allowed as follows:

1) The respondents are directed to give 90 sovereign of gold ornaments or its present value to the petitioner (the value at the time of recovery the same from the respondents) within 60 days from the date of this Mat. Appeal No.1121 of 2018

judgment.

2) The respondents are directed to pay Rs.13,00,000/- to the petitioner with interest at the rate of 8% per annum within 60 days from the date Qf this judgment.

3) The decreetal amount shall be a charge on the property attached.

4) The petitioner is entitled to get her cost from the respondents."

Feeling aggrieved, the appellants have filed this

appeal, invoking the provisions under Section 19(1) of the Family

Courts Act,1984, along with C.M.A.No.1 of 2018 for condonation

of delay of 51 days in filing the appeal.

3. On 13.12.2018, when this matter came up for

consideration, this Court issued consolidated notice to the

respondents in the C.M.Application and Mat. Appeal. On

12.03.2019, the delay of 51 days in filing the appeal was

condoned.

4. On 20.03.2019, when this appeal came up for

admission, this Court admitted the matter on file and issued

notice to the 2nd respondent by speed post. The lst respondent Mat. Appeal No.1121 of 2018

appeared through counsel. An interim stay was granted in

I.A.No.2 of 2018 on condition of the appellants furnishing

security for the decree amount to the satisfaction of the

executing court.

5. On 08.02.2022, when this appeal came up for

consideration, on the basis of the subm]ssions made by the

learned Senior Counsel for the appellants, the Court found that

there is an element Qf settlement between the parties through

mediation and the parties were directed to appear before

Ernakulam Mediation Centre in the premises of this Court, on

28.02.2022. The Family Court, Pathanamthitta was directed to

keep the sale proceedings in execution in abeyance for a period

of six weeks.

6. The parties have settled the disputes in mediation and

a memorandum of settlement dated 21.03.2022 is placed on

record, along with the report dated 21.03.2022 of the Mediator.

7. On 25.03.2022, when this appeal came up for Mat. Appeal No.1121 of 2018

consideration, this Court directed that the parties are free to file

a joint petition seeking a decree of divorce. Since in terms of the

settlement, the date of compliance was fixed by 31.12.2022, the

matter was adjourned to 27.05.2022, in order to ascertain

compliance of the lst installment, and all the proceedings before

the Family Court, Pathanamthltta were directed to be kept in

abeyance till then.

8. Today, when this matter is taken up for consideration,

it is submitted by the learned counsel on both sides that the

parties have settled the entire disputes in mediation, in terms of

the terms and conditions contained in the memorandum of

settlement dated 21.03.2022. The parties filed a joint petition

under Section 138 of the Hindu Marriage Act, 1955 seeking a

decree of divorce on mutual consent, which has been allowed by

the Family Court, Pathanamthitta.

In such circumstances, this appeal is disposed of in terms of

the terms and conditions contained in the memorandum of Mat. Appeal No.1121 of 2018

settlement dated 21.03.2022, which shall form part of this

judgment.

Sd/-

ANIL K.NARENDRAN JUDGE

Sd/-

P.G.AJITHl(UMAFI JUDGE

jg 8,

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM Mat Appeal No.1121 of 2018_ Prashanth & Anr Appellants

Vs.

jisha Sekhar & Anr Respondents

0 i4EA4anNDUM OF AGREEMELI|_UNDER sECTioN 8_9di mEfoDE OF civiL pmcEDURE READ wlTH RULEs 24± 2Efll-HE CR.MINAL PROCEDURE IAITERNATIVE DISPUH EE_sOLUTioNi. RULEs. 2Ope

SETTLEMENT AGREEMENT

Prashanth (Prashanth Vasudevan Nair), Appellant agrees to pay a consolidated amoiint of Rs.53,00,000/- (Rupees Fifty Three Lakhs only) to jisha Sekhar, the lst Respondent herein as full and final settlement of the Decree passed in OP(HMA) No.1071/2013 and OP.No.52/2014 of Family Court, Pathanamthitta subject to the following conditions:

ae## 1.

KeTalaStateMedia+:mandCon¢iliatlonCen"

HIo)1 Coijrt of Kerala Kochi -6821)31 'uj2giv!jgiv

1. The Appellant will make a payment of Rs.20,00,000/- (Rupees Twenty Lakhs only) apart, on or before 15/04/2022 to the lst Respondent, to be deposited equally between the two minor children Devna Prashant and Devansh Prashant with the respondent mother as nominee/guardian, having right to withdraw/receive interest accrued thereon from time to time.

The Appellant shall pay the remaining amount of Rs.31,50,000/- (Rupees Thirty One Lakh Fifty Thousand only) on or before 30/12/2022, to be deposited equally between the two minor children Devna Prashant and Devansh Prashant with the respondent mother as nominee/guardian having right to withdraw/receive interest accrued thereon from time to time.

® 3. Parties agree to endorse and jointly present a petition u/s 13 8 of HMA seeking a decree of Divorce dissolving their marriage on compliance of condition No.1 and 2 above.

          i-i,-,j=-i--                                                             •beJ~
           f i,`:=..rfu 'X£.

Keta\as`a`e::gd}::;:u.;c:2t`:c:r:`\`;a"Once""e LO

The Appellant shall return a gold chain, engagement ring, and a gold bangle to the lst Respondent while complying with condition No.1 above.

The lst Respondent shall return engagement ring, marriage ring and thali to the Appellant, while complying with condition No.1 above.

The lst Respondent is at liberty to encash the HDFC Simple Life investment covered by Policy No.13033754 for an amount of Rs.1,55,759/- (Rupees One Lakh Fifty Five Thousand Seven Hundred and Fifty Nine only) which shall be part of payment of Rs.53,00,000/- (Rupees Fifty Three Lakhs only) mentioned supra.

The lst Respondent will withdraw OP.No.52/2018 and MC No.80/2014 of the Family Court, Pathanamthitta in view of above settlement.

=+-,-.-:--i avfa#P

KeralaStateMediat:onandConciliationCentre High Court Of Kera\a Kochi -682 031

8. The Appellant will have day custody of the minor children Devna Prashant and Devansh Prashant on the Second Saturday of every calender month between 10.30 a.in to 4.00 p.in receivable and returnable before the Nodal Officer of the Family Court, Pathanamthitta. This arrangement is always subject to variations and modifications required from time to time upon Judicial orders to be passed by the jurisdictional Family Court. The OP(G & W) No.1232/2019 pending in the Family Court, Pathanamthitta will be ordered as indicated above.

The parties would agree that this Hon'ble Court may grant requisite permission to the Appellant to negotiate and secure purchasers for the attached immovable properties or to take financial assistance pledging the same, only for the purpose of compliance of condition No.1 and 2 above.

#j,,

idfu#4 (\ KctalaSt.teMediationanl..nr,iliatlonCentre H'gr\Courtc>; ,ia\a Kochi -6821)31 nE]

10. Both parties agree that there will be no further claim in relation to the family matter including any right of the minor children. It is also agreed by the petitioner and the lst respondent the entire process of settlement shall be confirmed and implemented aforesaid.

11. On breach of any of the conditions above, the decree granted by the Family Court with attachment ® orders will stand revived.

It is humbly prayed that the Hon.ble Court may ' finally dispose off Mat.Appeal No.1121/2018 and

Mat.Appeal No.1122/2018 on the file of this Hon'ble Court in terms of this settlement agreement and post the case to a date after 31/12/2022 to report compliance of the condition adumbrated supra.

                Datedthisthe     21st dayof     Mj#EL,"
          Appellants : 1. Prashanth
                                               „.".
                               2. Rethnamma #£L/fai_
                                                  r'   I _-




           Respondents : 1. |isha Sekhar

                            2. Preetha Sasne

                      iiiE-                EEE

Counsel for the Appellants Couriseti5Fl: Advg%#®#ftueJ;Hquw#:dn+hsN::#^.:=,.--