Kerala High Court

Lusy Enasu vs State Of Kerala on 22 May, 2024

Author: V Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ

WEDNESDAY, THE 22™> DAY OF MAY 2024 / 1ST JYAISHTA, 1946

OP_ (FC) NO. 48 OF 2024
ORDER DATED 13.10.2023 IN I.A NO.9/2023 IN OP NO.1105 OF 2019 OF
FAMILY COURT, NORTH PARAVUR

PETITIONER/RESPONDENT/ PETITIONER:

ANU THOMAS

AGED 39 YEARS

MANJALI HOUSE, MOOKKANNOOR P.O., MOOKKANNOOR VILLAGE,
ALUVA TALUK, ERNAKULAM DISTRICT, PIN - 683577 NOW
HAVING ADDRESS AT 103 ST ANDREWS ROAD, EPSOM,
CAREGIVER, AUCKLAND, NEW ZEALAND REPRESENTED BY HER
POWER OF ATTORNEY HOLDER AND MOTHER, ROSILY THOMAS,
AGED 54 YEARS, W/O THOMAS, MANJALI HOUSE, MOOKKANNOOR
P.O., MOOKKANNOOR VILLAGE, ALUVA TALUK, ERNAKULAM
DISTRICT., PIN - 683577

BY ADVS.
SREEKANTH K.M.
ANTONY P.P.
SIYAMOL N.P.

RESPONDENT/PETITIONER/RESPONDENT :

MANGALAPPILLY ENASU RUNSUN

AGED 44 YEARS

MANGALAPPILLY HOUSE, CHERUKADAPURAM, NORH
KUTHIYATHODU P.O., PUTHENVELIKARA VILLAGE, PARAVUR
TALUK, PIN - 683594 RESIDING AT 2/18A, HILLSBOROUGH
ROAD, HILLSBOROUGH, AUCKLAND, NEWZEALAND, 1042
REPRESENTED BY POWER OF ATTORNEY HOLDER LUCY ENASU,
W/O.ENASU, MANGALAPPILLY HOUSE, CHERUKADAPURAM, NORH
KUTHIYATHODU P.O., PUTHENVELIKARA VILLAGE, PARAVUR
TALUK., PIN - 683594



OP(FC) No.48 of 2024 &
Connected cases 2

BY ADVS.

FIROZ K.ROBIN(F-15)

ROY JOSEPH (K/55/2006)

ANIES MATHEW (K/952/2007)

JOSE. V.V. (THENGATHARA) (K/000039/2003)
NIRMAL KURIEN EAPEN (K/000151/2022)

SRI J JULIAN XAVIER, FOR PARTY RESP.

THIS OP (FAMILY COURT) HAVING COME UP FOR FINAL HEARING ON
22.05.2024, ALONG WITH Mat.Appeal.67/2024, CRL.MC 4393/2018 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:


OP(FC) No.48 of 2024 & .
Connected cases 3

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
é
THE HONOURABLE MR. JUSTICE P.M.MANOJ

WEDNESDAY, THE 22™" pAY OF MAY 2024 / 18ST JYAISHTA, 1946

MAT.APPEAL NO. 67 OF 2024
JUDGMENT DATED 25.09.2023 IN OP NO.23 OF 2023 OF FAMILY COURT,
NORTH PARAVUR

APPELLANT/ PETITIONER:

ANU THOMAS

AGED 36 YEARS

MANJALI HOUSE, MOOKKANNOOR P.O., MOOKKANNOOR VILLAGE,
ALUVA TALUK, ERNAKULAM DISTRICT, PIN - 683577 NOW
HAVING ADDRESS AT 103 ST ANDREWS ROAD, EPSOM,
CAREGIVER, AUCKLAND, NEW ZEALAND REPRESENTED BY HER
POWER OF ATTORNEY HOLDER AND MOTHER, ROSILY THOMAS,
AGED 54 YEARS, W/O THOMAS, MANJALI HOUSE, MOOKKANNOOR
P.O., MOOKKANNOOR VILLAGE, ALUVA TALUK, ERNAKULAM
DISTRICT., PIN - 683577

BY ADVS.
SREEKANTH K.M.
ANTONY P.P.
SIYAMOL N.P.

RES PONDENT/RESPONDENT :

1 RUNSON MANGALAPPILLY ENASU
AGED 43 YEARS
MANGALAPPILLY HOUSE, CHERIYAKADAPPURAM DESOM, NORTH
KUTHIATHODE P. 0O., PUTHENVELIKKARA VILLAGE, PARAVUR
TALUK, ERNAKULAM, PIN - 683594


OP(FC) No.48 of 2024 &
Connected cases 4

2 LUSY ENASU
AGED 65 YEARS
W/O.ENASU, MANGALAPPILLY HOUSE, CHERIYAKADAPPURAM
DESOM, NORTH KUTHIATHODE P. O., PUTHENVELIKKARA
VILLAGE, PARAVUR TALUK, PIN 683 594

3 ENASU
AGED 71 YEARS
MANGALAPPILLY HOUSE, CHERIYAKADAPPURAM DESOM, NORTH
KUTHIATHODE P. O., PUTHENVELIKKARA VILLAGE, PARAVUR
TALUK, PIN - 683594

4 NELSON ENASU
AGED 41 YEARS
MANGALAPPILLY HOUSE, CHERIYAKADAPPURAM DESOM, NORTH
KUTHIATHODE P. O., PUTHENVELIKKARA VILLAGE, PARAVUR
TALUK, PIN - 683594

THIS MATRIMONIAL APPEAL HAVING COME UP FOR FINAL HEARING ON
22.05.2024, ALONG WITH OP (FC) .48/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:


OP(FC) No.48 of 2024 &
Connected cases 5

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ

WEDNESDAY, THE 22™> pAY OF MAY 2024 / 1ST JYAISHTA, 1946

CRL.MC NO. 4393 OF 2018
CC NO.488 OF 2016 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE

COURT- III, NORTH PARAVUR, ERNAKULAM

PETITIONERS/ACCUSED NOS.2,3, 4:

1 LUSY ENASU
AGED 61 YEARS
W/O. ENASU, MANGALAPPILLY HOUSE,CHERUKDAPPURAM, NORTH
KUTHIYATHODU P.O. ,PUTHENVELIKKARA VILLAGE, ERNAKULAM
DIST

2 ENASU
AGED 67 YEARS,S/O.KUNJUVAREETHU (LATE) ,MANGALAPPILLY
HOUSE, CHERUKADAPPURAM, NORTH KUTHIYATHODU P.O.,
PUTHENVELIKKARA VILLAGE, ERNAKULAM DIST

3 NELSON ENASU
AGED 37 YEARS, W/O. ENASU, MANGALAPPILLY
HOUSE , CHERUKADAPPURAM, NORTH KUTHIYATHODU
P.O.,PUTHENVELIKKARA VILLAGE, ERNAKULAM DIST

BY ADVS.
SRI.J.JULIAN XAVIER
SRI.FIROZ K.ROBIN

RESPONDENTS/STATE & COMPLAINANT:

1 STATE OF KERALA ;
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF


OP(FC) No.48 of 2024 &
Connected cases 6

KERALA, ERNAKULAM-682 031

2 ANU THOMAS
D/O. THOMAS, MANJALIL HOUSE ,MOOKKANNUR P.O., ALUVA
TALUK,ERNAKULAM DISTRICT-683 577

BY ADVS.

SMT.ANJU MOHAN
SRI.ARUN CHAND

SRI .C.IJLAL

SRI .RENJITH.R.NAIR
SRI.RENJIT GEORGE
SRI.K.M. SREEKANTH
SRI .K.SHAJ

SRI UNNIKRISHNA KAIMAL SR.GP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR FINAL HEARING
ON 22.05.2024, ALONG WITH OP (FC) .48/2024 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:


OP(FC) No.48 of 2024 &
'Connected cases 7

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

&
THE HONOURABLE MR. JUSTICE P.M.MANOJ

WEDNESDAY, THE 22™> DAY OF MAY 2024 / 1ST JYAISHTA, 1946

CRL.MC NO. 5057 OF 2018

CC NO.488/2016 ON THE FILE OF THE JUDICIAL FIRST CLASS

MAGISTRATE COURT III, NORTH PARAVUR, ERNAKULAM

PETITIONER/1ST ACCUSED :

RUNSUN .M.E.

AGED 36 YEARS

S/O.ENASU, MANGALAPPILLY HOUSE ,CHERUKADAPPURAM, NORTH
KUTHIYATHODU P.O.,PARAVUR TALUK, PIN - 683 594,NOW
RESIDING AT 2/18A, HILLSBOROUGH ROAD, HILLSBOROUGH,
AUCKLAND ,NEW ZEALAND - 1042.

BY ADVS.
SRI.J.JULIAN XAVIER
SRI.FIROZ K.ROBIN

RESPONDENTS :

1

STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,ERNAKULAM - 682 031.

ANU THOMAS
D/O.THOMAS, MANJALIL HOUSE ,MOOKKANNUR P.O., ALUVA
TALUK ,ERNAKULAM DISTRICT - 683 577.

BY ADVS.
SRI .K.SHAJ
SRI.RENJIT GEORGE


OP(FC) No.48 of 2024 &
Connected cases 8

SRI UNNIKRISHNA KAIMAL SR.GP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR FINAL HEARING
ON 22.05.2024, ALONG WITH OP (FC) .48/2024 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:


OP(FC) No.48 of 2024 &
Connected cases 9

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&

THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 22™" pAY OF MAY 2024 / 1ST JYAISHTA, 1946
CRL.MC_ NO. 5253 OF 2018
CC NO.169/2018 ON THE FILE OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-III, NORTH PARAVUR

PETITIONER/ACCUSED :
RUNSUN .M.E
AGED 36 YEARS
S/O ENASU, MANGALAPPILLY HOUSE,CHERUKADAPURAM, NORTH
KUTHIYATHODU PO, PARAVUR TALUK, PIN-683594, NOW
RESIDING AT 2/18A, HILLSBOROUGH ROAD ,HILLSBOROUGH,
AUCKLAND, NEW ZEALAND-1042.

BY ADVS.
SRI.J.JULIAN XAVIER
SRI.FIROZ K.ROBIN

RESPONDENTS/STATE & COMPLAINANT:
i STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM-682031.

2 SI OF POLICE
PUTHENVELIKKARA POLICE STATION,
PUTHENVELIKKARA PO,ERNAKULAM- 683577.

3 ROSILY THOMAS
W/O THOMAS, MANJALIL HOUSE, MOOKKANUR PO, ALUVA
TALUK,ERNAKULAM DISTRICT, PIN-683577.

SRI UNNIKRISHNA KAIMAL SR.GP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR FINAL HEARING

ON 22.05.2024, ALONG WITH OP (FC) .48/2024 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:


OP(FC) No.48 of 2024 &
Connected cases 10

JUDGMENT

(0.P.(F.C) No.48 of 2024, Cri. M.C. Nos. 4393, 5057 & 5253 of 2018 & Mat.Appeal 67 of 2024)

Raja Vijayaraghavan, J,

Mrs. Anu Thomas was the wife of Mr. Enasu Runson. She had filed O.P.No. 1105 of 2019 before the Family Court, North Paravur, seeking dissolution of marriage. She had also preferred O.P.No. 23 of 2023 before the Family Court seeking to realise the gold ornaments and cash entrusted with her husband at the time of marriage.

2. While the proceedings were pending, based on a complaint lodged by Mrs. Anu Thomas before the Judicial Magistrate of the First Class-III, North Paravur, criminal proceedings were initiated under Section 498A r/w. Section 34 of the IPC against her husband Runson and his family members and the same was pending as C.C.No. 488/2016 before the learned Magistrate. Seeking to quash the proceedings, Crl.M.C.No. 4393/2018 and Cri.M.C.No. 5057 of 2018 were

preferred by the accused before this Court invoking the powers under

OP(FC) No.48 of 2024 & Connected cases 11

Section 482 of the Cr.P.C.

3. Crime No. 59/2018 of the Puthenvelikkara Police Station was also got registered on a complaint filed by Mrs. Rosily Thomas, the mother of Anu Thomas under Section 494 of the IPC. The above case was pending as C.C.No.169 of 2018 on the file of the Judicial Magistrate of the First Class-III, North Paravur.

4, In O.P.No. 1105/2019, Sri. Runson failed to appear and the Family Court proceeded to pass an ex party decree on 4.12.2019. Sri. Runson filed an application as I.A.No. 9 of 2023 seeking to set aside the ex parte decree and the same was allowed by the Family Court by order dated 13.10.2023. Challenging the said order, Smt. Anu Thomas approached this Court and has preferred O.P.(F.C.) No. 48/2024.

5. Insofar as O.P.No. 23/ 2023 filed by Mrs. Anu Thomas is concerned, the Family Court, after hearing both sides, partly allowed the petition by judgment dated 25.9.2023. Challenging that part of the judgment and decree that goes against her, Mrs. Anu Thomas has preferred Mat. Appeal No. 67 of 2024 and the same was pending

consideration.

OP(FC) No.48 of 2024 & Connected cases 12

6. While so, the parties were referred to mediation by this Court by order dated 27.2.2024. The Cri. M.Cs which were pending consideration before this Court were also called for.

7. Both sides submitted before this Court that the parties were able to settle the entire disputes and they have executed a Memorandum of Settlement filed under Section 89 of the CPC r/w. Rules 24 and 25 of the Kerala Civil Procedure (Mediation) Rules, 2008 dated 12.3.2024. As per the settlement, Mr. Runson has agreed to pay a sum of Rs.13 lakhs towards full and final settlement of all the disputes pending before the Family Court, the Magistrate Court and this Court. In terms of the understanding, the amounts have been paid by way of Demand Draft No.939966 drawn at the State Bank of India, North Kuthiathodu Branch.

8. It is submitted by both sides that in view of the settlement arrived at between the parties, the proceedings pending before various courts can be closed by recording the Memorandum of Settlement.

9, In that view of the matter, these matters are disposed of

by ordering as under:

OP(FC) No.48 of 2024 & Connected cases 13

a) O.P(F.C.) No.48/2024 and Mat. Appeal No.67/2024 are disposed of in terms of the Memorandum of Settlement, which shall form part of this judgment.

b) All further proceedings against the accused in C.C.No. 169/2018 and C.C.No. 488/2016 on the file of the Judicial Magistrate of

the First Class-III, North Paravur will stand quashed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

Sd/-

P.M.MANOJ

JUDGE IAP

OP(FC) No.48 of 2024 &

Connected cases

PETITIONERS'

ANNEXURE

-Al

ANNEXURES :

CERTIFIED COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, NORTH PARAVUR

COPY OF THE STATEMENT GIVEN UNDER SECTION 202 OF CR.PC BY CWl DATED 17.10.2015

COPY OF THE STATEMENT GIVEN UNDER SECTION 202 OF CR.PC BY CW2 DATED 7.11.2015

COPY OF THE STATEMENT GIVEN UNDER SECTION 202 OF CR.PC BY CW3 DATED 7.11.2015

COPY OF THE STATEMENT GIVEN UNDER SECTION 202 OF CR.PC BY CW4 DATED 19.1.2016

TRUE COPY OF THE CONFIRMATION OF TUITION FEE PAYMENT IN FAVOUR OF THE DEFACTO COMPLAINANT DATED 2.11.2011 ISSUED BY THE WAIARIKI INSTITUTE OF TECHNOLOGY, A NEW ZEALAND GOVERNMENT TERTIARY INSTITUTIONS

TRUE COPY OF THE LOAN SANCTION LETTER DATED 26.9.2011 ISSUED BY THE SENIOR MANAGER, UNION BANK OF INDIA, NORTH PARAVUR

TRUE COPY OF THE ORDER DATED 13.10.2014 ISSUED BY THE DISTRICT COURT, AUCKLAND

TRUE COPY OF THE REPORT OF DR.RASHEEDHA ALI, MANUREWA TRUST HEALTH CARE, 7 HILL

OP(FC) No.48 of 2024 & Connected cases

ANNEXURE A10

ANNEXURE All

ANNEXURE A12

ANNEXURE A13

ROAD, MANUREWA, NEW ZEALAND

TRUE COPY OF THE MUTUAL UNDERTAKING ENTERED INTO BETWEEN RUNSUN M.E AND £DEFACTO COMPLAINANT DATED 27.1.2015 BEFORE THE FAMILY COURT AT AUCKLAND

TRUE COPY OF THE ORDER DATED 4.10.2016 ISSUED BY THE DISTRICT COURT WELLINGTON

TRUE COPY OF THE COMPLAINT DATED 16.9.2015 FILED BY DEFACTO COMPLAINANT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, NORTH PARAVUR

TRUE COPY OF THE ORDER DATED 15.3.2016 IN MC NO.18/2015 OF JFCM-III NORTH PARAVUR

OP(FC) No.48 of 2024 & Connected cases

PETITIONER' S ANNEXURES :

ANNEXURE

ANNEXURE

ANNEXURE

ANNEXURE

ANNEXURE

ANNEXURE

ANNEXURE

ANNEXURE

Al

A3

A4

A5

A6

A7

A8

A9

CERTIFIED COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, NORTH PARAVUR.

COPY OF THE STATEMENT GIVEN UNDER SECTION 202 OF CR.PC BY CWl DATED 17/10/2015.

COPY OF STATEMENT GIVEN UNDER SECTION 202 OF CR.PC BY CW2 DATED 7/11/2015.

COPY OF THE STATEMENT GIVEN UNDER SECTION 202 OF CR.PC. BY CW3 DATED 7/11/2015.

COPY OF THE STATEMENT GIVEN UNDER SECTION 202 OF CR.PC BY CW4 DATED 19/1/2016.

TRUE COPY OF THE CONFIRMATION OF TUITION FEE PAYMENT IN FAVOUR OF THE DEFACTO COMPLAINANT DATED 2/11/2011 ISSUED BY WAIARIKI INSTITUTE OF TECHNOLOGY, A NEW ZEALAND GOVERNMENT TERTIARY INSTITUTIONS.

TRUE COPY OF THE LOAN SANCTION LETTER DATED 26/9/2011 ISSUED BY THE SENIOR MANAGER, UNION BANK OF INDIA, NORTH PARAVUR.

TRUE COPY OF THE ORDER DATED 13/10/2014 ISSUED BY THE DISTRICT COURT AUCKLAND.

TRUE COPY OF THE REPORT OF DR.RASHEEDHA ALI, MANUREWA TRUST HEALTH CARE, 7 HILL ROAD, MANUREWA, NEW ZEALAND.

OP(FC) No.48 of 2024 & Connected cases 17

ANNEXURE A10 TRUE COPY OF THE MUTUAL UNDERTAKING ENTERED INTO BETWEEN RUNSUM M.E AND DEFACTO COMPLAINANT DATED 27/1/2015 BEFORE THE FAMILY COURT AT AUCKLAND.

ANNEXURE All TRUE COPY OF THE ORDER DATED 4/10/2016 ISSUED BY THE DISTRICT COURT WELLINGTON.

ANNEXURE Al12 TRUE COPY OF THE COMPLAINT DATED 16/9/2015 FILED BY DEFACTO COMPLAINANT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, NORTH PARAVUR.

ANNEXURE A13 TRUE COPY OF THE ORDER DATED 15/3/2016 IN MC NO.18/2015 OF JUDICIAL FIRST CLASS MAGISTRATE-III, NORTH PARAVUR.

ANNEXURE Al4 TRUE COPY OF THE SUMMONS ISSUED TO THE PETITIONER IN CC NO.488/2016 BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, NORTH PARAVUR.

ANNEXURE A15 TRUE COPY OF THE ORDER DATED 9/7/2018 IN CRL.M.C.NO.4393/2018.

OP(FC) No.48 of 2024 & Connected cases

PETITIONER'S ANNEXURES:

ANNEXURE

ANNEXURE

ANNEXURE

ANNEXURE

ANNEXURE

ANNEXURE

ANNEXURE

ANNEXURE

ANNEXURE

Al

A3

A4

A5

A6

A7

A8

AQ

CERTIFIED COPY OF THE COMPLAINT DATED 18.1.2018 FILED BY THE 3RD RESPONDENT BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT-III NORTH PARAVUR.

COPY OF THE FIRST INFORMATION REPORT DATED 18.1.2018.

TRUE COPY OF THE LOAN SANCTION LETTER DATED 26.9.2011 ISSUED BY THE SENIOR MANAGER, UNION BANK OF INDIA, NORTH PARAVUR.

TRUE COPY OF THE ORDER DATED 13.10.2014 ISSUED BY THE DISTRICT COURT, AUCKLAND.

TRUE COPY OF THE REPORT.

TRUE COPY OF THE MUTUAL UNDERTAKING ENTERED INTO BETWEEN THE PETITIONER AND DEFACTO COMPLAINANT'S DAUGHTER DATED 27.1.2015 BEFORE THE FAMILY COURT AT AUCKLAND.

TRUE COPY OF THE ORDER DATED 4.10.2016 ISSUED BY THE DISTRICT COURT WELLINGTON.

TRUE COPY OF THE ORDER IN M.C 18/2015 OF THE JFCM-III NORTH PARAVUR.

TRUE COPY OF THE FINAL REPORT IN CRIME NO.59/2018 SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III NORTH PARAVUR.

OP(FC) No.48 of 2024 & Connected cases 19

ANNEXURE A10 TRUE COPY OF THE SUMMONS ISSUED TO THE ACCUSED IN C.C NO.169/2018 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III NORTH PARAVUR.

OP(FC) No.48 of 2024 & Connected cases

APPENDIX OF OP (FC) 48/2024

PETITIONER'S EXHIBITS:

Exhibit

Exhibit

Exhibit

Exhibit

Exhibit

Exhibit

Exhibit

Pl

P2

P3

P4

P5

P6

P7

THE TRUE COPY OF THE JUDGMENT IN IN O.P.NO.1105/2019 ON THE FILES OF THE FAMILY COURT, ERNAKULAM (NOW NORTH PARAVUR). DATED 04/12/2019

THE TRUE COPY OF THE CERTIFIED COPY OF ORDER IN I.A.NO.09/2023 IN O.P.NO.1105/2019 ON THE FILES OF THE FAMILY COURT, NORTH PARAVUR DATED 13/10/2023

THE TRUE COPY OF THE PETITION IN I.A. NO.7585/2019 NOW RENUMBERED AS IA NO.09/2023 IN O.P.NO.1105/2019 ON THE FILE OF THE FAMILY COURT, NORTH PARAVUR DATED 20/12/2019

THE TRUE COPY OF THE OBJECTION FILED IN I.A.NO.7585/2019 NOW RENUMBERED AS IA NO.09/2023 IN O.P.NO.1105/2019 ON THE FILE OF THE FAMILY COURT, NORTH PARAVUR DATED 22/10/2021

THE TRUE COPY OF THE DEPOSITION OF PW1 IN I.A.NO.09/2023 IN O.P.NO.1105/2019 ON THE FILE OF THE FAMILY COURT, NORTH PARAVUR

TRUE COPY OF NOTICE SERVICED TO RESPONDENT THROUGH E-MAIL DATED 02/08/2019 IN O.P.NO.1105/2019 OF FAMILY COURT, NORTH PARAVUR

THE TRUE COPY OF THE CERTIFIED COPY OF THE GENERAL POWER OF ATTORNEY EXECUTED BY THE RESPONDENT IN FAVOUR OF HIS MOTHER ON 8TH

OP(FC) No.48 of 2024 & Connected cases

Exhibit P8

Exhibit P9

Exhibit P10

Exhibit P11

MAY, 2018 BEFORE THE HONORARY COUNSUL, CONSULATE OF INDIA, WAIKATO, NEW ZEALAND

THE TRUE COPY OF THE REQUEST FOR SUBSTITUTE SERVE PETITION NO. I.A.NO.3735/2019 IN O.P.NO.1105/2019 ON THE FILE OF FAMILY COURT, ERNAKULAM

THE TRUE COPY OF THE PETITION FILED BY THE RESPONDENT IN I.A.NO.1/2023 IN I.A.NO.9/2023 IN OP NO.1105/2019 IN FAMILY COURT, NORTH PARAVUR

THE TRUE COPY OF THE COUNTER FILED BY THE PETITIONER I1.A.NO.1/2023 IN I.A.NO.9/2023 IN OP NO.1105/2019 IN FAMILY COURT, NORTH PARAVUR

THE TRUE COPY OF THE OP NO.1105/2019 FILED BY THE RESPONDENT BEFORE FAMILY COURT, ERNAKULAM

ne

BEFORE THE HONOURABLE HIGH COURT OF KERALA,

Anu Thomas represented by mother and Power of Attorney holder Rosily Thomas : Petitioner Mangalappilly Enasu Runsun represented by mother and Power of Attorney Holder Lusy Easanu : Respondent

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

OP(FC) No.48 of 2024, Mat.Appeal No.67/2024, Cri.M.C.No.5057/2018, CrLMC.No.4393/2018, Crl.M.C No.5253/2018 all pending before the Hon'ble High Court of Kerala.

Parties above named beg to submit as follows.

The aforesaid petitions/appeal were referred to mediation for resolving the matrimonial dispute between the parties. In the course of mediation, they have resolved their disputes and have agreed the following terms and conditions:- L. The petitioner and the respondent arrived seitlement agreement and settled all the dispute between them. The respondent has agreed to pay for an amount of Rs.13,00,000/-(Rupees thirteen lakhs only) towards full and final settlement of al ithe disputes pending before the family court, Magistrate Court and High Court, within a period of 60 days from today (12/03/2024) on or before 11* May, 2024.

2. The Petitioner is agmed % quashvallow the Cri.M.C.No.5057/2018,

Cr.M.C.No.4393/2018 & Crl.M.C.No.5253/2018 filed by the respondent and others

Petitioner Respondent oF

Anu Thomas, Rapes SaRAE HY mother Mangalappilly Enasu Runsun ~ and Power of Attomey holder Represented by mother and Power of

te "HE Gis A DTAAUCR cai oe Sleeved popes .

Rosly Thomas High Cour of iceraia 'Aitémey Holder Lusy Easanu neh RRS GA

22:

3. The petitioner has agreed to close the Mat.Appeal No.67/2024 as per the terms of

the mediation agreement. | | 4, OP(FC) No.49/2024 has been agreed as per the mediation agreement and the said agreement is part of this judgment. |

5. The parties agreed that no farther claim will be raised in future by either of the narites in respect of uaintenaace Amoneyfaricle/pruperty/ciaims etc except in

accordance with the terms stipulated herein. Both the petitioner and the respondent

agrees that the above settlement terms are in predominant and are in best interest of both for the past, present and future and no parties will claim against the terms on any condition or circumstance or on change in circumstances whatsoever.

Dated this 12th day of March, 2024

Petitio Respondent mer C . esp a

* A) Anu Thomas, Represented by mother Mangalappilly Enasu Runsun and Power of Attomey holder : Represented by mother and Power of 'Rosly Thomas =, «sf SSCSCSCAttomey Holder Lusy Easanu /

Counsel for ue Eettinet Ho Ke Counsel for the Respondent Ccraiee

4. 572 lem! vinta fe .

A Paleo te: 3 1) 2004, Vikan Xabees

£- 999/98

The above settIment agreement is authenticated by me.

Malian 3 --

Adv.Dennis Varghese VERIEICATION

We the parties above named, do hereby solemnly state and declare that what is contained in-paragraph 1 to 5 are-tmucto the best of cur knowledge information and belief,

Dated this 12th day of March, 2024

Petitioner R co. Respondent bay --

Anu Thomas, Represented by mother Mangalappilly Enasu Runsun and Power of Atomey holder Represented by mother and Power of Rosly Thomas Attomey Holder Lusy Easanu_ -

A Wa wiald Adoeded ead Conemadon Centre

High Court of Keraia Kochi - 682 931