Kerala High Court
Dr. Sindhu Mathai vs Dr. Johnson Zachariah on 2 August, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERAI.A AT ERNAKULZD4
PRESENT
THE HONOURABLE MR. JUSTICH DEVAN RAMACHANDRZDT
&
THE HONOURABliE MRS. JUSTICE M.B. SNEHALZITHA
mlDA¥, THE 2ND DAY oF AUGusT 2o24 / llTH SRAVANA, 1946
0P (FC) NO. 358 0F 2024
AGIAINST TRE 0REER DATED 14.05.2024 IN I.A.NO.lop 2023 IN
0PGW NO.1684 0F 2023 0F FAMILY COURT, ERNAKUILAM
PETITIONER/RESPONDENT/RESPONDENT:
DR. slNDHu mTHAI
AGED 46 YEARS
I)/0 C.M.RATHAI, RESIDING AI FIAT NO : 10B,HOYSALA
ROYAL HEIGHTS, THOPPII. JUNCTION ,PIPELINE
ROAD,EDAPPALLY,KOCHI . , PIN -682021
BY ADVS .
LISY I.SKARIA
I . G . KAIIADHARAN
RESPONDENT/PETITIONER/RETITIONER:
DR. JOENSON ZACHARIAII
AGEI) 52 YEARS, S/0 IATE M.C.
ZACHARIAEI ,ME TTUKulnM HouSE , puTHuppALI.I. p. o ,
KOTTAYAM DISTRICT . , PIN - 682012
BY ADVS .
RAJU VADAKREKARA
s.KRlsEINA KunmR (ENGAILEN) (K/34o/1992)
SABAD K.H. (K/000780/2018)
SANTHOSH BHASKARAN NAIR (K/000774/2018)
BERTRAND BASIL (K/001068/2019)
RIFSA REBAIE (K/001628/2022)
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION 0N
02.08.2024, THE COURT 0N THE SARI DAY I)ELIVERED THE
F0III|OWING :
0.PQ7C) No.358 of 2024
JUDGMENT
Devan Ramachandran, J.
When this matter was called today, the learned Counsel for
both sides were ad t.den that all disputes between their clients
have been settled under the aegis of the Mediation Centre, High
Court of Kerala.
2. We notice that a Report has been placed before us by
the Nodal Officer of the Mediation Centre, containing the original
of the Memorandum of Settlement between the parties.
3. We have examined the afore Memorandum of Settlement
and notice that it has been subscribed to by the parties and
signed by their learned Counsel. We, therefore, see no reason
not to accept the same.
4. In the afore circumstances, this Original Petition is
disposed of in terms of the agreement between the parties, as
reflected in the Memorandum of Settlement, a copy of which
shall stand appended to this judgment.
We consequently direct the parties to act expressly in
terms of their agreement.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/- 1}
M.B.SNEHALATHA
JUDGE
s;p/02./08|2:I)2:4
I
APPENDIX
PETITI0NER' S EXHIBITS :
Exhibit P1 TRUE COPY OF 0.P.NO (GUARDIAN)
1684/2023 DATED 20. 07. 2023 PENDING
BEFORE THE FAMII,I cOuRT I AKULm4
Exhibit P2 TRUE COPY 0F I.A.NO :1/2024 IN 0.P.NO :
1684/2023 DATED 20.07.2023
Exhibit P3 TRUE CO PY OF I HE COUNTER DATED
06.05.2024 FILED BY THE PETITIONER IN
I.A NO :1/2023 IN O.P. (GUARDIAN)
1684/2023 0F THE FAMIIIY COURT I AKuliAM
Exhibit P4 CERT I PIED COPY 0F THE ORDER DATED
14.05.2024 IN I.A.NO : 1/2023 IN
O.P.NO : 1684/2023 0F THE FAMILY COURT
EENAKuliEN
BEFORE TIH HONOURABLE HIGH COURT OF KERALA
AT EENAKULAM
Dr. Sindhu Mathai Petitioner
Vs.
Dr.Johnson Zachariah Respondent
REMORANDUM OF AGREEMENT UNDER SECTION 89 0F THE CODE OF
CIVIL PROCEDURE READ WITH RULES 24 & 25 0F THE CIVIL
PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION),RULES, 2008:
Both parties have agreed to settle the issue on the following terms and conditions.
1.Both parties have agreed that they will file the mutual petition for divorce under
See.10A on or before 17/8/2024 before the Family Court, Emakulam.
2.The respondent has agreed to pay an amount of Rs.4,00,000/- (Rupees four lakhs
only) on or before 29/1/2025 through the Bank account Of the petitioner in S.B.I
Pathanamthitta and Account No.is 67292193953.
3.The petitioner has handed over her Thali to the respondent during mediation.
4.Both parties have agreed that the custody Of their minor son Steve John Zachariah on
twice of every month especially on every second Saturdays and another convenient
date of the minor child. The duration of the custody will be 10AM to 4 PM. The
respondent I ather has to take the minor child from the premises of Lulu Mall and will
be returned on the same premises on the same day.
5.The respondent father has agreed to take the minor son for one day each overnight
stay for Summer Vacation, Onam Holidays and Xmas Holidays( Altogether three days
overnight stay) The father has agreed to take the child from the premises of Lulu Man
at 10 A.M and will be returned at 12 P.M on the next day according to the convenient
Of the minor child.
6.The petitioner mother has agreed to start a new Bank Account in S.B.I on behalf Of
the minor son that will be furnished to the respondent father for proper payment Of
maintenance amount of Rs.3,000/-(Rupees three thousand only) per month.
Respondent
' '.`.:;.'...`.-',f'...,,,. :...-
D S Mth Z7 Dr.Jo
7.Both parties have agreed that proper communication of the minor son win be
continued with the father without any failure.
8.Both parties have agreed that no further claims will be raised against each other
regarding this issue.
Dated this the 29th day of July, 2024.
Drferfe Dr.Johnson Zachariah
Counselc% Counsel f
tw.L'/:(*2;;//SqQqAcelA
REE.I-...--i.
This settlement agreement is authenticated by me.
FTiE=
Adv.Bindu Sreekumar(Mediator
