Mariyam George Baby vs Bency Jacob
2023 Latest Caselaw 1272 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
       THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                            &
        THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
WEDNESDAY, THE 18TH DAY OF JANUARY 2023/28TH POUSHA, 1944
                MAT.APPEAL NO. 77 OF 2022
 AGAINST THE JUDGMENT DATED 15/07/2021 IN OP(DIV)NO.1129
        OF 2017 OF THE FAMILY COURT, MAVELIKKARA
APPELLANT/PETITIONER:

         MARIYAM GEORGE BABY, AGED 39 YEARS
         D/O. GEORGE BABY, RENJI BHAVAN, INCHAVILA
         CHERIYIL, INCHAVILA P.O, THIRKKARUVA VILLAGE,
         KOLLAM TALUK, KOLLAM DISTRICT 691 601

         BY ADV A.SHAFEEK (KAYAMKULAM)


RESPONDENT/RESPONDENT:

         BENCY JACOB, AGED 48 YEARS
         S/O. KUNJUKUTTY CHACKO, BENCY VILLAGE,
         CHUNAKKARA, NEDUVILA MURI, CHUNAKKARA P.O,
         MAVELIKKARA 686 547

         BY ADV M.V.KISHORE KUMAR


     THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION
ON 18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                  -2-
Mat.Appeal No.77 of 2022



                            JUDGMENT

Anil K. Narendran, J.

The appellant is the petitioner in O.P.(Div.)No.1129 of

2017 on the file of the Family Court, Mavelikkara, which is an

original petition filed against the respondent herein-husband,

seeking a decree of divorce. That original petition was

dismissed by the judgment dated 15.07.2021 of the Family

Court. Aggrieved by the said judgment, the appellant-wife is

before this Court in this appeal invoking the provisions under

Section 19(1) of the Family Courts Act, 1984.

2. On 02.02.2022, when this appeal came up for

admission, this Court admitted the matter on file and issued

notice to the respondent.

3. On 15.09.2022, when this appeal came up for

consideration, in terms of the order of this Court 23.08.2022,

both parties were personally present. By the order dated

15.09.2022, the parties were directed to appear before the

Nodal Officer, Ernakulam Mediation Centre, in the premises of

this Court on that day itself.

4. The parties have settled the disputes in mediation

and a memorandum of agreement dated 10.11.2022 is placed

Mat.Appeal No.77 of 2022

on record, along with the report dated 10.11.2022 of the

Mediator. As per Clause 1 of the memorandum of agreement,

both parties have agreed for a decree of divorce on mutual

consent, by filing a petition under Section 10A of the Indian

Divorce Act, before the Family Court, Mavelikkara.

5. Today, when this matter is taken up for

consideration, the learned counsel for the appellant would

submit that since the parties have settled the disputes in

mediation, this appeal can be disposed of in terms of the

terms and conditions contained in the memorandum of

agreement dated 10.11.2022.

In such circumstances, this appeal is disposed of in

terms of the terms and conditions in the memorandum of

agreement dated 10.11.2022, which shall form part of this

judgment.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE

AV/20/1