Kerala High Court
Nobel Kumar vs Santhi on 6 February, 2024
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
&
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
TUESDAY, THE 6" DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
MAT.APPEAL NO. 1040 OF 2018
AGAINST THE JUDGMENT IN OP 136/2014 OF FAMILY COURT, PATHANAMTHITTA
APPELLANT/RESPONDENTS 1 TO 3:
1 NOBEL KUMAR
AGED 46 YEARS
S/O T V RAVEENDRAPANICKER, AMBILY SADANAM, KOODAL P ©, ADOOR
TALUK, PATHANAMTHITTA DISTRICT
2 T.V RAVEENDRAPANICKER,
AMBILY SADANAM,KOODAL P.O, ADOOR TALUK, PATHANAMTHITTA
DISTRICT.
3 V. PSAMKAJAKSHI
W/O. T.V RAVEENDRAPANICKER, AMBILY SADANAM, KOODAL P.O,
ADOOR TALUK, FPATHANAMTHITTA DISTRICT.
BY ADVS.
M.T.SURESHKUMAR
SRI.R.RENJITH
SMT .MANJUSHA K
RESPONDENT/PETITIONEER:
SANTHI
AGED 36 YEARS
D/O VALSALA T K, ETTUVILAVEEDU, PUNNALA P O, PUNNALA VILLAGE,
PATHANAMTHITTA TALUK, PIN-689696
BY ADVS.
SRI .V.SETHUNATH
SRI.V.R.MANORANJAN (MUVATTUPUZHA)
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 06.02.2024,
ALONG WITH Mat.Appeal.397/2019, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING :
MAT.APPEAL NOs. 1040 OF 2018 & 397 of 2019
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
&
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
TUESDAY, THE 6™ DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
MAT.APPEAL NO. 397 OF 2019
AGAINST THE JUDGMENT IN OP(HMA) 960/2013 OF FAMILY COURT, PATHANAMTHITTA
APPELLANT/RESPONDENT:
NOBEL KUMAR
AGED 46 YEARS,S/O.T.V.RAVEENDRA PANICKER, AMBILY SADANAM,
KOODAL.P.O, ADOOR TALUK, PATHANAMTHITTA DISTRICT.
BY ADVS.
M,.T.SURESHKUMAR
SRI .R.RENJITH
RESPONDENT / PETITIONER:
SANTHI
AGED 36 YEARS ,D/O.VALSALA.T.K, ETTUVILAVEEDU, PUNNALA.P.O,
PUNNALA VILLAGE, PATHANAPURAM TALUK, PIN-689696
BY ADVS.
SRI .V. SETHUNATH
SRI.V.R.MANORANJAN (MUVATTUPUZHA)
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 06.02.2024,
ALONG WITH Mat.Appeal.1040/2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MAT.APPEAL NOs. 1040 OF 2018 & 397 of 2019
3
JUDGMENT
It is submitted by the learned counsel appearing for both sides
that the matter has been settled and that an agreement has been
entered into between the parties as evidenced by Annexure Al
produced along with I.A.No.1 of 2024.
In the above view of the matter, the agreement entered into
between the parties dated 22.05.2023 is recorded. Both the
appeals are disposed of in the light of the same. The agreement
shall form part of the judgment and shall be complied with by both
the parties.
Sd/-
ANU SIVARAMAN
JUDGE
Sd/-
C.PRATHEEP KUMAR
JUDGE
BEFORE THE HON'BLE HIGH COURT OF KERALA AT
ERNAKULAM
Matt Ap peal Mo. 397 of 2019
Nobel Kumar - Appellant / Respondent
Vs
Santhi ~ Respondent / Petitioner
SETTLEMENT AGREEMENT
This agreement is entered into on this the 22nd day of May 2023 between the
parties in Matrimonial appeal No. 397 of 2019 and Matrimonial Appeal No. 1040
of 2018.
1.
Matrimonial appeal 397 of 2019 is filed challenging the judgement and
decree OP (HMA) No. 960 of 2013 on the file of the family court '
Pathanamthitta, In which Shanti is the petitioner . The said petition was
filed seeking dissolution of her marriage with Nobel Kumar, the appellant
in the instant appeal. The same was allowed in favour of the petitioner
therein vide a common judgement dated 18/7/2018. The Other petition is
OP No. 136 of 2014 filed for patrimony money by Santhi, the respondent
herein above and the same was allowed in favour of her . The judgement
in OP No.. 136 of 2014 was challenged by filing Matrimonial! Appeal No.
1040 of 2018.
The parties have now agreed to settle all the disputes amicabley.
Therefore the parties have settled the entire disputes on the following
terms and conditions.
A. The Appellant Nobel Kumar in the above numbered matrimonial
appeals agreed to hand over three gold Chains weighing altogether
69.800 grams belonging to the respondent Santi Nobel in the
appeai to her.
B. Santi had verified the gold ornaments in the presence of witnesses
and satisfied that those gold ornaments are genuine and belonging
to her.
C. Both the parties agreed to raise no disputes regarding the
judgement of divorce granted in favour of Shanti by the family
court, Pathanamthitta in OP (HMA) No. 960 of 2013.
Santhi Nobel Kumar
(Y
D. Santhi, the respondent in Matt. Appeal No. 1040 of 2018 agreed to
give up all the claims and is satisfied with the Goldornaments
mentioned above handed over to her on the date of the agreement
to her.
Both the parties agreed that the custody of the only son in the
wedlock can be decided according to his wish.
Both the parties agreed to provide all support in favour of the child
for his future,
The parties have no further claims with respect to maintenance, or
any other monetary relief or obligations. The house hold articles
owned by Santhi which is in the custody of Nobel Kumar, such asa
Teak wood Cupboard, Kitchen utensils brass lamp etc., shall be
given to in full ownership and possession of the son of the parties
Alok Nobel, and no one can claim ownership up on those articles
other than Alok Nobel hereafter .
All the disputes have been settled amicably by this agreement and
there will not be any future disputes raised concerning any of the
issues in connection with or 'ncidental to marriage dissolved by the
Family Court , Pathanamthitta.
Santhi Bb Nobel he
fest tt ,
Witnesses :-
vi heap Pannreke
adaeda TK, Nged 63 20, feitivi
1.
RubecneS, Aged Xk pees Plan booodler pa
