Kerala High Court
Ancy Francis vs Simbe James on 1 November, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
MAT.APPEAL NO. 181 OF 2016
AGAINST THE JUDGMENT DATED 04.11.2015 IN OP NO.1271 OF 2012
OF FAMILY COURT, ETTUMANOOR, KOTTAYAM
APPELLANT/RESPONDENT:
ANCY FRANCIS, AGED 30 YEARS
D/O.FRANCIS,VAZHAKKATTU HOUSE, HOUSE NO.6,
THRIKKODITHANAM.P.O,CHANGANASSERY,KOTTAYAM DISTRICT.
SRI.JOMY GEORGE
SRI.DEEPAK MOHAN
SMT.A.MINI JOSEPH
SRI.P.REJINARK
SRI.SEBASTIAN THOMAS
RESPONDENT/PETITIONER:
SIMPLE JAMES, AGED 31 YEARS
S/O JAMES,VELIAYANOOR HOUSE,PUTHUPPADY.P.O,
KAKKADASSERRY BHAGAM,VELLIKUNNAM VILLAGE,ERNAKULAM
DISTRICT-686673.
SRI.SIRAJ KAROLY
SRI.M.V.JOY
THIS MATRIMONIAL APPEAL HAVING COME UP FOR HEARING ON
01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:81251
MAT.APPEAL NO. 181 OF 2016 & con.case
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
MAT.APPEAL NO. 327 OF 2016
AGAINST THE JUDGMENT DATED 04.11.2015 IN OP NO.1751 OF
2012 OF FAMILY COURT, ETTUMANOOR, KOTTAYAM
APPELLANT/PETITIONER:
ANCY FRANCIS, AGED 34 YEARS
D/O.FRANCIS,VAZHAKKATTU HOUSE, HOUSE NO.6,
THRIKKODITHANAM.P.O,CHANGANASSERY,KOTTAYAM
DISTRICT.
SRI.JOMY GEORGE
SRI.DEEPAK MOHAN
SMT.A.MINI JOSEPH
RESPONDENTS/RESPONDENTS:
1 SIMPLE JAMES, AGED 35 YEARS, S/O JAMES,VELIAYANOOR
HOUSE,PUTHUPPADY.P.O, KAKKADASSERRY
BHAGAM,VELLIKUNNAM VILLAGE,ERNAKULAM DISTRICT-
686673.
2 JAMES, AGED 59, VELIAYANNOOR HOUSE, PUTHUPPADDY
P.O., KAKKADASSERRY BHAGAM, VELLIKUNNAM VILLAGE,
ERNAKULAM DISTRICT-686673.
SRI.SIRAJ KAROLY
SRI.M.V.JOY
2024:KER:81251
MAT.APPEAL NO. 181 OF 2016 & con.case
3
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON
01.11.2024, ALONG WITH Mat.Appeal.181/2016, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2024:KER:81251
MAT.APPEAL NO. 181 OF 2016 & con.case
4
JUDGMENT
[Mat.Appeal Nos.181/2016, 327/2016]
Devan Ramachandran, J.
When this matter was called today, the learned counsel
for both sides were ad idem that all disputes between their clients
have been settled under the aegis of the Ernakulam 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 Appeal is disposed of in
terms of the agreement between the parties, as reflected in the
Memorandum of Settlement, a copy of which shall stand as part of
this judgment.
5. We consequently direct the parties to act expressly in
2024:KER:81251
MAT.APPEAL NO. 181 OF 2016 & con.case
terms of their agreement.
6. Resultantly, these appeals will stand dismissed as
having been withdrawn; and the decree and judgment in OP
No.1271/2012 will stand confirmed.
7. Needless to say, if the respondent refuses to make
payment as mentioned in the Memorandum of Settlement, the
appellant will be at liberty to seek a rehearing of these appeals.
We also leave liberty to the parties to approach this Court
for any clarification or further directions for the working out of the
compromise as recorded above; in which event, such application/s
shall be placed before us for appropriate orders by the Registry.
Sd/- DEVAN RAMACHANDRAN
JUDGE
Sd/- M.B. SNEHALATHA
JUDGE
stu
