Kerala High Court
Meenu C.S vs Ram Mohan on 24 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
MAT.APPEAL NO. 415 OF 2020
AGAINST THE JUDGMENT DATED 31.12.2019 IN O.P.NO.1132 OF
2012 ON THE FILE OF THE FAMILY COURT, KOTTARAKKARA
APPELLANT:
RAM MOHAN
AGED 36 YEARS, S/O. MOHANAN PILLAI, KAMALA
MANDIRAM, NJARAKKADU RANDALUMMOODU, THALAVOOR
P.O. THALVOOR VILLAGE, KOTTARAKARA TALUK.
BY ADV ALEXANDER GEORGE
RESPONDENT:
MEENU C.S.
AGED 30 YEARS, D/O. SREEKALA, KRISHNA VILASOM
VEEDU, CHORANADU, VADAMON P.O. ANCHAL VILLAGE,
PATHANAMTHITTA TALUK.
BY ADVS.
SRI.B.MOHANLAL(CAVEATOR)
SRI.B.MOHANLAL
THIS MAT.APPEAL HAVING COME UP FOR FINAL HEARING ON
24.03.2023, ALONG WITH CO.26/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2
Mat.Appeal No.415 of 2020 &
Cross Objection No.26 of 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
C.O. NO. 26 OF 2021
AGAINST THE JUDGMENT DATED 31.12.2019 IN O.P.NO.1132 OF
2012 ON THE FILE OF THE FAMILY COURT, KOTTARAKKARA
PETITIONER:
MEENU C.S.
AGED 30 YEARS, D/O. SREEKALA, KRISHNA VILASOM
VEEDU, CHORANADU, VADAMON P.O., ANCHAL VILLAGE,
PATHANAPURAM TALUK, KOLLAM-691306.
BY ADV B.MOHANLAL
RESPONDENT:
RAM MOHAN
AGED 30 YEARS
S/O. MOHANAN PILLAI, KAMALA MANDIRAM,
NJARAKKADU, RANDALUMMOODU, THALAVOOR P.O.,
THALAVOOR VILLAGE, KOTTARAKKARA TALUK, KOLLAM-
691508.
BY ADV ALEXANDER GEORGE
THIS CROSS OBJECTION HAVING COME UP FOR ADMISSION
ON 24.03.2023, ALONG WITH Mat.Appeal.415/2020, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
3
Mat.Appeal No.415 of 2020 &
Cross Objection No.26 of 2021
JUDGMENT
Anil K. Narendran, J.
Mat.Appeal 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 judgment 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 Objection No.26 of 2021:- The respondent-
wife in Mat.Appeal No.415 of 2020 has filed this cross
objection 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.m.
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
