Kerala High Court
Ram Mohan vs Meenu C.S on 24 March, 2023
IN THE HIGH COURT OF KERAIA AT ERNAKUILAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRZuT
&
THE HONouRABI.E MR.-usTlcE p.G. ATITHKtnmR
RIDA¥, THE 24TH DAY oF RARcll 2o23 / 3RD cmlTHRA, ig45
inT.AppEAI. No. 415 oF 2o2o
AGAINST THE duDcnENT DATED 31.12.2019 IN o.p.No.1132 0F
2012 0N THE FILE OF THE FAMII.Y COURT, KOTTARAKKARA
APPEL-:
RAM MOEN
AGED 36 ¥EARs, s/o. MOEIANAN pll]IAI, KArmlA
inNDIREN , N4ARAKKADu RANDALurmooDu , THAILA:VooR
P.O. THAI.VcOR VIIiIAGE, KOTTARAICARA TELUK.
8¥ ADv AI.ExaNDER GEORGE
RESPONDENT :
MEENU C . S .
AGED 3o yEARs, D/O. SREERAIA, mlsHNA vILzisoM
® vEEDu, cHOENaeu, VADAMON p.O. ANCHAI. vlLLAGE,
pAIENanHITTA TAIUK.
BY ADVS.
SRI . a . MOEIANILAli ( CAVATOR)
SRI . a . MOHANIAL
THIS RAT.APPEAI. HAVING COIG UP FOR FINAI. HEARING ON
24.o3.2o23, ALONG wlTH co.26/2o21, THE couRT oN THE sinE
DAY I)ELIVERED THE FOLliowING:
Mat.Appeal No.415 of 2020 &
Cross Objection No.26 of 2021
IN THE HIGH couRT oF KERAILA AT ERNAKulnM
PRESENT
The HCINouRABI.I MR. dusTlca= ANII, K.NARENDRzani
&
THE HONOuRABI.E in. -usTlcE p.G. ATITHKunmR
FRIDAy, THE 24TH Day OF imRCH 2o23 / 3RI> CHAITHRA, ig45
C.0. NO. 26 0F 2021
AGIAINST THE JUDGD4ENT DATED 31.12.2019 IN O.P.NO.1132 0F
2012 0N THE FIIIE 0F THE FAMILY COURT, KOTTARAKKARA
PETITI-:
REENI C . S .
AGED 30 YEARS, D/O. SREEKAILA, KRISHNA VILZISOM
vEEDu, cHORmunDu, VADAMON p.O. , ANCHAI, vll,RAGE,
PATHANAPURAM TAI.UK, KOLLAM-691306.
8¥ ADv B.MOHznilAI,
RESPONDENT :
Ran MOEN
AGED 30 YEARS
s/o. MOHANAN pll,IAI, KAimlA imNI)IRAN,
N4ARAKKz\Du, Rmtl>ALurmool>u, THALAvcoR p. o. ,
THAILAVOOR vlLILAGE , KOTTARAKKARA TAI,uK , ROI.InM-
691508 .
BY ADV AliEXANDER GEORGE
THIS CROSS OBJECTION HAVING COD4E UP FOR ADMISSION
0N 24.03.2023, AI.ONG WITH Mat.Appeal.415/2020, TEE COURT
ON THE sand DAY DELIVERED TEIE FOIil.OWING:
Mat.Appeal No,415 of 2020 &
Cross Objection No.26 of 2021
JUDGMENT
Anil K. Narendran, J.
Mat.ADDeal No.415 of 2020:- The appellant is the
respondent in O.P.No.1132 of 2012 on the file of the Family
Court, Kottarakkara, which was one filed by the respondent
herein-wife seeking recovery of gold ornaments and money.
That original petition was decreed in part by I.udgment and
decree dated 31.12.2019. Feeling aggrieved, the appellant
has filed this appeal under Section 19(1) of the Family Courts
Act, 1984.
2. This appeal was filed along with C.M.Appl.No.1 of
2020 to condone the delay of 95 days in filing the appeal and
the delay was condoned as per order dated 16.02.2021. On
the same day, the appeal was admitted and an interim order
staying the execution of the impugned judgment was passed
for a period of two months.
3. Cross Obiection No.26 of 2021:-The respondent-
wife in Mat.Appeal No.415 of 2020 has filed this cross
ob].ection seeking to set aside the impugned judgment and
Mat,Appeal No,415 of 2020 &
Cross Objection No.26 of 2021
decree dated 31.12.2019 of the Family Court, Kottarakkara in
O.P.No.1132 of 2012 to the extent of declining a decree for
entire claim made in the said original petition and to recover
the entire claim amount due to the cross objector from the
respondent and his assets.
4. On 01.06.2022, both the parties were directed to
appear before the Mediation Centre attached to this Court on
13.06.2022.
5, On 20.01.2023, on the request of the learned
counsel on both sides, the parties were again directed to
appear before the Ernakulam Mediation Centre, in the
premises of this Court, on 27.01.2023 at 10.15 a.in.
6. Today, when these matters are 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 agreement dated 03.03.2023.
In such circumstances, this appeal as well as the cross
objection is disposed of in terms of the terms and conditions
Mat.Appeal No.415 of 2020 &
Cross Objection No.26 of 2021
contained in the memorandum of agreement dated
03.03.2023, which shall form part of this judgment.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
BEFORE THE HON'BLE HIGH COURT OF KERALA AT
ERNA~AM
Mat AODeal. No.415/2020
Ram Mohan Appellant / Respondent
Meenu. C. S. Respondent/ Petitioner
MEMORANDUIVI OF AGREEIVIENT UNDER SECTION 89 0F TIIE CODE 0F
CIVIL PROCEDURE READ l^rlTII RULES 24 & 25 0F THE CIVIL
PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION)RULES, 2008:
The Darties have resolved all the disDutes as Der the following terms: -
Both the parties agree that they have no objection to dispose the Mat Appeal and
Cross Objection No: 26/2021 on the terms of this agreement.
1. The above Mat Appeal is filed by the Appellant against the order passed in
OP. NO. 1132/2012 by the Family Court, Kottarakkara. The Appellant is the
respondent and the respondent herein is the petitioner in the above Mat Appeal.
2. The respondent filed O.P.No. 1132/2012 before the Family Court,
Kottarakkara for realization of gold and money. The Hon'ble Family Court passed
a decree on 31/12/2019. Hence the Appellant filed the above Matrimonial Appeal.
A Both the parties agree that they have no objection to dispose the Mat Appeal
and Cross Objection No: 26/2021 on the terms of this agreement.
8. The appellant has agreed to pay an amount of Rs.23 lakhs to the respondent
towards the full and final settlement of all the disputes pending between the parties
within 3 months from this day (03/03/2023)
C. The respondent agrees to take necessary steps to lift the attachments of the
properties of the appellant in O.P. NO. 1132/2012 on the file of the family court,
Kottarakara.
«wh§fa`eM;J'jt`£3.-"prrfeintro
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I,.
D. The respondent agrees to produce and hand over the minor child on every third
Saturday of every month at 11 am in the presence of the Sheristadar, Family
Court, Kottarakara. The appellant agrees to return the child at 3 P.M. to the
respondent or her mother in the presence of the same officer .
E. The respondent agrees to produce and hand over the custody of the minor child
to the appellant with the consent of the child for two days (One night and two
days) on all Onam holidays and 3 days (during the first months of vacation) during
all summer holiday every year till the child attains majority. For that the
respondent shall produce the child before the Sheristadar, Family Court,
Kottarakara at 10.30 a.in. and hand over the child to the respondent and after the
agreed period the appellant shall produce the child at 4 p.in. and return to the
respondent or her mother at the same venue.
F. The respondent's mother Sreekala who is the defacto complaint; has no grievance
against the appellanv accused in CC.NO. 913/2016 pending before the Judicial First
Class Magistrate Court, Punalur and she doesn't have objection to compound the
above case.
G. The respondent agrees to lift the attachment or any other order passed against
the properties of the appellant in connection with any of the cases pending between
the parties on receipt of the entire agreed amount.
H. The respondent agrees to withdraw all cases pending against the appellant
including execution proceedings on receipt of entire agreed amount.
I. In case of default of payment of the settled amount by the appellant, the
respondent is at liberty to proceed with the decree passed in the Original Petition
No. 1132/2012 (as per law).
\3g Kerala state w.IeJ.ail .,.,
High f,r,a
Court r;cicliiat.on centr.
of Kerala ne_
Kochi - 682 031
J. The appellant herein agreed to withdraw GOP No. 609/2023 pending
before the Family Court, Punalur. The Appellant agreed that hereafter he
will not file any case for the permanent custody of minor Kashinath and
also agreed that he will not have any objection for the permanent custody
of the ward with the respondent.
K. The respondent herein agreed to withdraw the MC 160/2023 pending
before the family court, Punalur and CMP'S pending in connection with
above MC'S pending before the family court, Punalur on receipt of the
entire agreed amount.
L. The respondent herein agreed to withdraw the case OP No.301/2020
pending before the family court, Kottarakkara.
M. Both the parties here in agreed that neither will not raise any monitory
or other claims for himself or herself or the minor child.
Dated this the 3rd day of March, 2023.
S,r\
iEEEii Respondent
Ram Mohan Meenu. C. S.
3C|G \ 8 2 76(2
Respondent's mother Sreekala
9-
Counsel for the Appellant CounseLc:°#°#nt,<\qf7r
fveatc2®d,~ qar8L
J< . 7o 5J , 4 8 > Ker3ia 3laie fiJi6u,u., . „ .`..:``; ' i .`\I.;„it'.i,,ii Ceniic
High Court of Kerala
Kochi -682 031
