Kerala High Court
Bonny vs Mary Rani on 28 May, 2024
Author: 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
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
MAT.APPEAL NO. 212 OF 2023
AGAINST THE JUDGMENT DATED 28.02.2022 IN OP NO.634 OF 2009
OF FAMILY COURT, ERNAKULAM
APPELLANT/RESPONDENT:
BONNY
AGED 61 YEARS,S/O.LATE FRANCIS, PARAMEL HOUSE,
KAMBIVELIKKAKAM, COLONY BUS STOP, PADAMUGAL,
KAKKANADU KARA, VAZHAKKALA VILLAGE, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 682001
BY ADVS.
C.A.CHACKO
C.M.CHARISMA
BABU V.P.
RESPONDENTS/PETITIONERS:
1 MARY RANI
AGED 53 YEARS
D/O.CHIRAMEL PAPPACHAN, ELAMAKKARA DESOM,
EDAPPALLY VILLAGE, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 682026
2 RIBI BONNY
AGED 32 YEARS
D/O.BONNY, CHIRAMMEL HOUSE, ELAMAKKARA DESOM,
EDAPPALLY VILLAGE, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 682026
3 BOBBY
AGED 26 YEARS
S/O.BONNY, CHIRAMMEL HOUSE, ELAMAKKARA DESOM,
EDAPPALLY VILLAGE, KANAYANNUR TALUK,
2
Mat Appeal Nos. 212 of 2023 & 223 of 2023
ERNAKULAM DISTRICT, PIN - 682026
BY ADVS.
SHIJU VARGHESE
SACHU THOMAS(K/175/2022)
THIS MATRIMONIAL APPEAL HAVING COME UP FOR FINAL HEARING
ON 28.05.2024, ALONG WITH Mat.Appeal.223/2023, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
3
Mat Appeal Nos. 212 of 2023 & 223 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
MAT.APPEAL NO. 223 OF 2023
AGAINST THE JUDGMENT DATED 28.02.2022 IN OP NO.532 OF 2009
OF FAMILY COURT,ERNAKULAM
APPELLANT/1ST RESPONDENT:
BONNY
AGED 61 YEARS
S/O.LATE FRANCIS, PARAMEL HOUSE,
KAMBIVELIKKAKAM, COLONY BUS STOP,
PADAMUGAL, KAKKANADU KARA, VAZHAKKALA
VILLAGE, KANAYANNUR TALUK, ERNAKULAM
DISTRICT, PIN - 682001
BY ADVS.
C.A.CHACKO
C.M.CHARISMA
BABU V.P.
RESPONDENTS/PETITIONER & RESPONDENTS 2 TO 4:
1 MARY RANI
AGED 53 YEARS
D/O.CHIRAMEL PAPPACHAN, ELAMAKKARA DESOM,
EDAPPALLY VILLAGE, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 682026
2 FRANCIS (DIED)
PARAMEL HOUSE, THEVACKAL, THRIKKAKARA.P.O.,
4
Mat Appeal Nos. 212 of 2023 & 223 of 2023
VAZHAKKALA VILLAGE, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 682021 (DELETED)
3 SHERLY ANTONY
W/O.LATE ANTONY & D/O.LATE FRANCIS, PARAMEL
HOUSE, KAMBIVELIKKAKAM, COLONY BUS STOP,
PADAMUGAL, KAKKANADU KARA, VAZHAKKALA
VILLAGE, ERNAKULAM, NOW RESIDING AT
NADUVATHEZHATHU HOUSE, THEVAKKAL.P.O.,
ERNAKULAM DISTRICT, PIN - 682021(DELETED).
4 FLIPPY ANGEL
W/O.ANGEL & D/O.LATE FRANCIS, PARAMEL HOUSE,
KAMBIVELIKKAKAM, COLONY BUS STOP, PADAMUGAL,
KAKKANADU KARA, VAZHAKKALA VILLAGE,
ERNAKULAM, NOW RESIDING AT PAVANATHARA HOUSE,
VARAPUZHA, ERNAKULAM DISTRICT. (DELETED)
RESPONDENTS 2 TO 4 ARE DELETED FROM THE PARTY
ARRAY AS PER ORDER DATED 23/05/2024 IN IA
NO.2/2024 IN MAT.APPEAL 223/2023.,
PIN - 683517
BY ADV SHIJU VARGHESE
THIS MATRIMONIAL APPEAL HAVING COME UP FOR FINAL HEARING
ON 28.05.2024, ALONG WITH Mat.Appeal.212/2023, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
5
Mat Appeal Nos. 212 of 2023 & 223 of 2023
JUDGMENT
(Mat Appeal Nos. 212 of 2023 & 223 of 2023)
Raja Vijayaraghavan, J.
Mat.Appeal No. 212 of 2023 is filed by the appellant challenging the
order passed by the Family Court, Ernakulam in O.P. No.634 of 2009 on the
files of the said Court.
2. Mat. Appeal No. 223 of 2023 is filed by the appellant seeking to
overturn the judgment and decree in O.P No.532 of 2009 on the files of the
Family Court, Ernakulam.
3. When these matters came up for admission before this Court, this
Court by order dated 08.04.2024 had ordered the parties to undergo
mediation. The parties were able to resolve the entire disputes and they have
executed a Memorandum of Agreement under Section 89 of the Code of Civil
Procedure r/w. Rule 24 and 25 of the Civil Procedure (Alternative Dispute
Resolution) Rules, 2008.
Mat Appeal Nos. 212 of 2023 & 223 of 2023
4. We have considered the Memorandum of Agreement that has
been placed on record. We do not find that any of the terms therein are
unlawful.
5. Having regard to the facts and circumstances, we are of the view
that these matters can be disposed of in terms of the Memorandum of
Agreement.
Accordingly, these appeals are disposed of in terms of the Memorandum
of Agreement entered into between the parties. The Memorandum of
Agreement shall form part of the judgment.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sd/-
P.M.MANOJ
JUDGE
APM/28/5/24
