Kerala High Court
Sathi N.B vs Surendran K.P on 6 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
WEDNESDAY, THE 6™*= pay oF NOVEMBER 2024 / 15TH KARTHIKA,
1946
MAT APPEAL NO, 338 OF 2024
JUDGMENT DATED 07.03.2024 IN OP NO.2133 OF 2022,
FAMILY COURT, ERNAKULAM
APPELLANT / RESPONDENT IN ©,P.NO. 2133/2022;
SATHI N.B., AGED 58 YEARS
¥/O SURENDRAN K.P.,
PERUMBILLY VADAKKATHIL HOUSE,
KARTHEDAM ROAD, MALIPPURAM P.Q,
ERNAKULAM, PIN - 682511.
BY ADV K.G.RAJEESH
RESPONDENT/ PETITIONER IN O.P.NO.2133/2022;
SURENDRAN K.P., AGED 64 YEARS,
S/O LATE PARAMESWARAN,
PERUMBILLY VADAKKETHIL HOUSE, ELAMKUNNAPUZHA,
KOCHI, PIN-682511, NOW RESIDING AT
C/Q SUKUMARAN K.P., LAKSHMI SHAVAN,
CHATHANVELI ROAD, THURAVAUR P.O,
CHERTHALA ALAPPUZHA, PIN - 666534.
BY ADVS.
c.¥. VINOD KUMAR
Mat.Appeal Nos.338/2024, 347/2024
~2-
C.5.HEMALAL (H~109)
THIS MATRIMONIAL APPEAL HAVING COME UP FOR
ADMISSION ON 06.11.2024, ALONG WITE Mat .Appeal,347/2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat Appeal Nos.338/2024, 347/2024
=-<3-
IN THE HIGH COURT OF KERALA AT ERNAKUILAM
PRESENT
THE HONOURABLE MR, JUSTICE DEVAN RAMACHANDRAN
&
THE HONGURABLE MRS. JUSTICE M.B. SNEHALATHA
WEDNESDAY, THE 674 DAY OF NOVEMBER 2024 / 15TH KARTHIKA,
1946
MAT.APPEAL NO. 347 OF 2024
JUDGMENT DATED 07.03.2024 IN OP NO.39 OF 2021,
FAMILY COURT, ERNAKULAM
APPRLLANT P IN H
SATHI N.B., AGED 58 YEARS,
4#/O SURENDRAN K.P.,
PERUMBILLY VADAKKETHIL HOUSE,
KARTHEDAM ROAD, MALIPPURAM P.O,
ERNAKULAM, PIN -- 662511.
BY ADV K.G.RAJEESH
RESPONDENT/PETITIONER IN 0.2.39 OF 2021;
SURENDRAN K.P., AGED 64 YEARS
S/O LATE PARAMESWARAN PILLAI,
PERUMBILLY VADARKKETHIL HOUSE,
KARTHEDAM ROAD, MALIPPURAM.P.0.,
ERNAKULAM -682511, PRESENTLY RESIDING AT
C/O SUKUMARAN K.P., LAKSHMI BHAVAN,
Mat.Appeal Nos.338/2024, 347/2024
-4-
CHATHANVELT ROAD, THURAVAUR P.O,
CHERTHALA ALAPPUZHA, PIN - 686534.
BY ADVE.
c.¥. VINOD KUMAR
THIS MATRIMONIAL APPEAL HAVING COME UP FOR
ADMISSION ON 06.11.2024, ALONG WITH Mat.Appeal.339/2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat.Appeal Nos.336/2024, 347/2024
-5-
JUDGMENT
[Mat.Appeal Nos.338/2024, 347/2024]
Devan Ramachandran, J.
When these matters were called today, the
learned counsel for both sides were ad idem that
Ali WGispuies between trneirc clienis have beer
selliea under tne aegis of the Mediation Centre,
High Court of Kerala.
2. We novice thal a Renoart has seen placed
belere us by the Noual Officer of the Medialion
Centre, containing the original of the
Memorandum of Seulement oetweoen the parties,
3S. We have @xamined the afore Memorandum of
Settlement and neice that it has been
subservibea to by une parties ama signed by their
learned counsel. We, therefore, see no reason
Mat.Appeal Nos.336/2024, 347/2024
maw. Lo aceepr the same.
™n the afore circumstances, these
agopeals are Glsmisses us having peen withdrawn,
thus directing the parties to act sirictly in
terms of the Memorandum of Agreement, a copy of
which wiil stand appended to the judgment as its
part.
However, we clarify that liberty is being
reserved to the parlies Lo aporeach this Court
again, if it becomes so necessary in future.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B,SNEHALATHA
aky JUDBGE
BEFORE THE HONOURABLE HIGH COURT OF KERALA
AT ERNAKULAM
Mat Appeal Nos.338 of 2024 & 347 of 2024
Sathi N.B. : Appellant
Vs.
Surendran K.P : Respondent
MEMORANDRUM OF AGREEMENT UNDER SECTION 89 OF
THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25
OF THE KERALA CIVIL PROCEDURE (MEDIATION), RULES,
2008:
1.The respondent shal! pay an amount of Rs.16,00,000/-(Rupees ten
lakhs only) as full and final settlement within 6 months from today and
till the date of above said payment. The respondent shall pay Rs.10,000/-
{Rupees ten thousand only ) as maintenance to the appellant (Wife) till
the date of payment of above said Rs.10,00,000/-(Rupees ten lakhs only).
2.The maintenance amount ef Rs.10,000/-(Rupees ten thousand only}
shail pay by way of Google Pay to the account of appellant on or before
10" of every month commencing from November, 2024.
3.The respondent shall pay Rs.10,00,000/-(Rupees ten lakhs only) by way
of D.D.in the name of appeliant within 6 months as stated above.
4.The appellant agrees to file petition to lift attachement over the plain
schedule property in O.P.No.232/2021 pending before the Family Court,
Ernakulam within 2 weeks from today.
Appellant | prod Respondent
le-%
Sathi N.B. Surendran K.P
5. The O.P.No.232/2021, pending before Family Court Ernakulam shail be
decreed based on the mediation agreement.
6.After payment of Rs.10,00,000/-(Rupees ten lakhs only) by respondent
to appellant, both parties will not have any claim towards each other with
regard to their post marriage life.
7.Both pasties will file necessary petitions and affidavits before the
Hon'ble High Court of Kerala to quash the Criminal cases,
C.C.No.1521/2020 & C.C.1811/2020 against each other pending before
the JFCM Court-ll, Cherthala one week after above said full and final
settiement.
8.in the light of the above said settlement, the appellant will withdraw
Mat.Appeal Nos.338/2024 and 347/2024 pending before the Hon'ble High
Court of Kerala, ~
9.Failing which any of the terms and conditions by the respondent, the
appellant shall claim the above said amounts with interest at the rate of
9% from the date of agreement by procedure.of lay.
ce " ° i ae
10. Failing which any of the terms by the appellant, the respondent shail
not pay any amounts as stated above till complying the terms by the
appellant.
Dated this the 23™ day of October, 2024
Appellant Respondent
pe p-t---Sh =
Sathi N.B. Surendran K.P
RATEESH- anes Adi + C3. Herne bi S gre t4
Counsel for the Appellant Counsel for the Respondent
K [543 0d & Heo fe 4)
The above settlement agreement is authenticated by me.
pe a (Mediator)
;
