Kerala High Court

Santhosh Kumar vs Dhanya V Pillai on 6 January, 2023

OP(FC) No. 395 of 2022

IN THE NIGH COURT OF KERALA AT ERNARITAM
PRESENT
THE HONOURABLE MR. JUSTICE ANTL K. NAREWORAN
&
THE HONQURABLE MR. JUSTICE F.G. ATTTEROMAR
FRIDAY, tHe 6"= pay or JANUARY 2023 / 16TH POUSHA, 1944
OP (FC) NO, 355 oF 2022
OF (EW) .NO.852 of 2014 OF FAMILY COURT, KOTTARARRARA
PETITIONER PETITIONER /DECRER BOLDER:

SANTROSE RUMAR, AGED 43 YEARS

S/O MOBANAN PILLAI, PRASANA SADANAM,
ELAMPAL, ELIKKODY ©.0., VAINERUDDY VILLAGE,
PATRANAPURAM TALUR, BIN - 691322

BY ADVS .
T.S.MAYA (THIYADIL)
R.A. SUNITTRA

RESPONDENT /RESPONDENT/ JUDGMENT DEBTOR:

DRANYA V¥ PILDAL, AGED 36 YEARS

b/O GEBTRARUMART, ALAVILAYIL VEEDU,
RANRINEDL MUBRI, PATTAZRI VILLAGE,
BATRANAPORAM TALUR, PIN ~- S82852

BY ADY VINCENT JOSEPS

SEIS OP CFAMILY COURT) HAVING COME UP FoR ADMTSsrow
OW 06.01.2085, TRE COURT ON THE SBME DAY DELIVERED THE
BORLOWING :


OPEC) No. 388 of 2022

Ani Kk. Narendran, J.

The petitioner-father filed OP(GRW) No.S52 of 2014 on the file of Family Court, Kottarakkara for getting cermanaent custody of the minor child-Kalyani. The petitioner has fled this original petition invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking an order directing the respondent-mother to handover custody of the minor child on every Saturday and allow him te keen the child HN Sunday, tH Onam holidays: a direction to the Family Court, Kottarakkara to take appropriate action based on Ext Pd interlocutory application, Le., LA.No.406 of 2022 in LA.No.288 of 2022 in OP (G&W) No.852 of 2014 within the time Hmmt as this Court may fix; and issue an order or direction to the respondent to obey Ext.Pi judgment of the Farly Court, Kottarakkara in OP (GRW) No. 852 of 2014 promptly.

é. On 20.6.2022, when this original petition came up for admission, this Court issued notice before admission to the respondent by speed past. In the original petition, this Court

has passed various orders. Ouring the pendency of this

OPCPOY No. 385 of 2022

original petition, the parties were referred for mediation before Emakulam Mediation Centre, in the premises of this Court, on 29,09, 2022,

3. Now, the parties have settled the disputes in madiation. A memorandum of agreement dated 29.00.7022 entered into between the parties is placed on record, along with the report dated 29.59.2022 of the Mediator.

4 On 14.10.2022, when this original petitien came up for consideration, the learned counsel for the petitioner submitted that the entire disputes between the parties have already been settled and that a jaint petition seeking a decreas of diverce on mutual consent will be Aled before the Family Court, Kottarakkara,

2. Today, when this matter is taken up for consideration, the learned counsel for the petitioner and also the learned counsel for the respondent would submit that, the Family Court, Kottarakkara has granted a decree of divorce an mutual consent in the original petition Aled before that Court. Therefore, this Original Petition can he disposed of in terms of the terms and conditions contained in the memorandum of

settiement dated 29.09.2022.

OPEC) No, 345 of 2023

In such circumstances, this original petition is disposed of, in view of the decree of divorce by mutus! consent granted by the Family Court, Kottarakkara and in terms of the terms and conditions as contained in the memorandum of agreement

dated 29.09.2023, which shall form part of this Judament.

Sd/-

ANIL K. NARENDRAN, JUDGE

Saf P.G. ATITTHKUMAR, JUDGE

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BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

OP(FC) No.355 of 2022

Santhosh Kumar Petitioner

Vs,

x Dhanya V Pilai : Respondent

MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE KERALA CIVIL PROCEDURE (MEDIATION), RULES, 2008:

The above case has been settled finally between the parties

in the following manner:

1. Both the parties agreed to settle the cases pending

before this Hon'ble High Court, Kottarakara

Family Court, Pathanapuram JFMC, Punalur JFMC-Ill, as OP{FC) No.355/2022, Mat.Appeal.No.824/2020, OP(HMA).No.45/2020,

MC.No.69/2020 and CC.No.1126/2015 respectively.

2. As a full and final settlement the 1° party/husband hereby agreed to give Rs.11,00,000/ - (Rupees Eleven Lakhs only) within two months from today through Bank. The 2" party/wife agreed that she will not claim any amount against the 1° party/husband including maintenance in

future, after receiving the aforesaid amount of Rs.11,00,000/-

(Rupees Eleven Lakhs only).

3. The 1° party/husband agreed to pay @ Rs.4000/- per month as the maintenance to his minor daughter Dhwani.s who is in the custedy of the 2° party/wife and she hereby agrees that she will open a bank Account in the name of the minor with the liberty to operate it by the 2° party/wife,

in a Nationalised Bank within one week from today and will

inform the Account Number to the 1° party/husband and he agrees that the maintenance of the minor child shall be deposited through the above referred Bank Account by the

1* party/husband fram December, 2022 onwards.

-3.

4, The 2° party/wife, hereby agrees that she will bring the chiid on 10.00 a.m at Kottarakara Ganapathi Temple an last Sunday of alternate month and make arrangements to

give the day custody to the 1* party/husband and he shall

return back the child at 4.00 p.m on the very same day and place. The 1* party/husband shall have the right to take the

child to his home where his old age mother lives.

5. Both parties ready to withdraw all their claims in connection with OP(money 458/2014, OP(HMA) No.1070/2013, OP(G&W).No.852/2014, MC.No.351/2013 ordered on

10/12/2019, in view of the above referred clause ?, 3 & 4,

Both the parties agreed that they will not file any execution petition in connection with the above referred cases and 1* party/nusband hereby agreed that he will take steps to

close execution proceedings pending before the Kottarakara

Family Court, with this regard. NF af ~ ? ov ie NEN sa oN a oeden

6. Both the parties agreed to file joint petition under Sec.13 B of the Hindu Marriage Act, within one month from today. The settlement amount Rs.11,00,000/ - (Rupees Eleven

Lakhs only} should be given on the date of giving evidence in

the joint petition.

7. The 2° party/wife hereby agreed to give consent affidavit against the petitioner filed by 1" party/husband for

quashing CC.No.1126/2015 (Sec.498A, IPC) within one month. 8, The 2°° party/wife agrees to withdraw MC.No.69/2020 & all the Interim petitions pending before Pathanapuram JFMC

and shall taken steps to vacate injunction/attachment orders

ARES

in connection with if any.

9, Both parties agreed to withdraw all litigations in respect

of this Matrimonial relation on the light of this agreement.

Vp wl ' se \ Ze wi oN a ww.

Let SON Be sav ore ig By < re s . se el os Na" e ra ~ A Ce : Pon ¢ cr ron ¢ fof} ee

i) ia Mate at Sha Fans Kavala Sate Mesias Sah

10. 'Failing which any of the conditions stated above by any of the parties, the other party shall approach the Court

concerned for the appropriate reliefs.

Dated this the 29° day of September, 2022. Petitionér Respondent %, : A a na .

ere y \ ooky sefBEE ee ee -- ty ~ ' era eae Santhosh Kumar Dhanya Pillai oN on " } a