Smt. Jayasree vs P.D.Viswanathan
2024 Latest Caselaw 32566 Ker

Kerala High Court

Smt. Jayasree vs P.D.Viswanathan on 11 November, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

IN THE HIGH COURT QF KERALA AT ERNAKULAM
PRESENT
THE -HONOURABLE-MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA

MONDAY, THE 1174 pay OF NOVEMBER 2024 / Z@TH KARTHIKA, 1946
MAT.APPEAL NO. 263 OF 2615
AGAINST THE OCROER DATED 85.92.2615 IN OP NO.463 OF 2611 OF
FAMILY COURT, THRISSUR

APPELLANT/RESPONDENT:

SMT.JAYASREE, AGED 36 YEARS, D/O. BALAN,
RESIDING AT VADAKKEPURAKKAL HOUSE, ''ASWATHI',
THAMPURAMPADY P.0., THRISSUR-686 5@5.

BY ADVS.
GANGESH K 8&8
SMITHA CHATHANARAMBATH(K/ 7064/1998 }

RESPONDENT/PETITIONER:

P.D VISWANATHAN, AGED 41 YEARS
5/0. LATE DAMOOHARAN, AIWARYAM,
PAVITTAPURATH HOUSE, THAIKKAD P.Q.,
GURUVAYGOR, NOW RESIOING AT
SREEVENKITESWARA TOURIST HOME,

WEST NADA, GURUVAYOOR.

BY ADYS.
R.RAJITHA
SANTHOSH P.PODUVAL

THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
11.11.2624, ALONG WITH -MAT.APPEALS.264/2045, 265/26815. AND
CONNECTED CASE, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:


2024: KER: 85464
Mat.Appeal 263/15 & connected

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&

THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA

MONGAY, THE ii" DAY OF NOVEMBER 2624 / 28TH KARTHIKA, 1946
MAT. APPEAL NO. 264 OF ° 2615
AGAINST THE ORDER DATED 95.92.2015 IN OP NO.1123 OF 2611 OF
FAMILY COURT, THRISSUR

APPELLANT/PETITIONER:

SMT. JAYASREE, AGED 36 YEARS, D/O.BALAN,
RESIDING AT VADAKKEPURAKKAL HOUSE, ASWATHI,
THAMPURAMPADY P.O, THRISSUR 686 565.

BY aADVS.
GANGESH K &
SMITHA CHATHANARAMBATH(K/764/1998 }

RESPONDENT/RESPONDENT ;

P.D. VISWANATHAN, S/O.LATE DAMODHARAN,
AIWARYAM, PAVITTAPURATH HOUSE, THAIKKAD P.O,
GURUVAYOOR, NOW RESIDING AT SREEVENKITESWARA
TOURIST HOME,WEST WADA, GURUVAYOOR, PIN 686101

BY ADVS.
SMT .R.RAJITHA
SRI .SANTHOSH P.PODUVAL

THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
11.11.2024,- ALONG WITH MAT.APPEAL.263/2015 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:



2024: KER: 85464
Mat.Appeal 263/15 & connected

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&

THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA

MONDAY, THE 11™ DAY OF NOVEMBER 2024 / 26TH KARTHIKA, 1946
MAT. APPEAL" NO. 265 OF 2615
AGAINST THE ORDER DATED 95.92.2015 IN OP NQ.2222 OF 2611 OF
FAMILY COURT, THRISSUR

APPELLAN MER:

SMT. JAYASREE, AGED 36 YEARS, D/O.6ALAN,
RESIDING AT VADAKKEPURAKKAL HOUSE, "ASWATHI",
THAMPURAMPADY . P.O, THRISSUR, PIN-688505.

BY ADVS.
GANGESH K B
SMITHA CHATHANARAMBATH{ K/704/1998 }

RESPONDENT/RESPONDENT:

P.D.VISWANATHAN, AGED 41 YEARS
$/0.LATE DAMODHARAN, AITWARYAM,
PAVITTAPURATH HOUSE, THAIKKAD.P.0O,
GURUVAYOOR, NOW RESIDING AT
SREEVENKITESWARA TOURIST HOME,
WEST NADA, GURUVAYOOR, PIN-686101.

BY ADVS.
SKT.R.RAJITHA
SRI.SANTHOSH PF. PODUVAL

THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
11.11.2924, ALONG WITH MAT.APPEAL.263/2615 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:


2924: KER: 85464

Mat.Appeal 263/15 & connected

IM THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONGURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONCURABLE MRS. JUSTICE M.B. SNEHALATHA

MONDAY, THE 1174 DAY OF NOVEMBER 2624 / 26TH KARTHIKA, 1946

MAT.APPEAL NO. 1826 OF 2817
AGAINST THE ORDER DATED 19.61.2617 IN OF NO.1625 OF 2614 OF
FAMILY COURT, THRISSUR

APPELLANT/RESPONDENT |

P.D. VISWANATHAN, AGED 43 YEARS,
S/O LATE. DAMODHARAN, AISWARYAM,
PAVEEDUPURATH HOUSE, THAIKKAD PO,
GURUVAYUR, NOW RESIDING AT
&.D.MOOKAMBIKA ENCLAV, POOMKUNNAN
VILLAGE, THRISSUR TALUK, THRISSUR
DISTRICT.

BY ADVS.

SRI.SANTHOSH P.PODUVAL

SMT .R.RAJITHA

SMT.RASHIDA CHEMMENAMPALLY

RESPONDENT /PETITIONER:

JAYASREE, AGED 38 YEARS, KURUNJIYUR
BALAN, VADAKKEPURAKKL HOUSE, ASWATHY,,
THAMBURANPADI, THAIKKAD VILLAGE,
P.O.KOTTAPPADI, THRISSUR .G8ES6S.

BY ADV GANGESH K 6
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON

11.11.2624, ALONG WITH MAT.APPEAL.262/2615 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:



2024: KER: 85464
Mat.Appeal 263/15 & connected

JUDGMENT

[Mat .Appeal Nos.263/2015, 264/2015, 265/2015, 1028/2017]

Devan Ramachandran, J.

When these matters were 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 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 io accept the same.

In the afore circumstances, these Appeals are liable to be disposed of in terms of the agreement between the parties, as reflected in the Memorandum of Settlement, a copy of which shall

stand appended to this judgment.

2024: KER: 85464 Mat.Appeal 263/15 & connected Gi

Consequently, Mat.Appeal No.263/2015 is allowed and the impugned judgment and decree of the learned Family Court, Thrissur is set aside; while, Mat.Appeal No.264/2015 is dismissed as being not pressed; and Mat.Appeal Nos.265/2015 & 1028/2017 are ordered in terms of the compromise between the parties.

The parties are directed ta act implicitly in terms of the

Memorandum of Settlement.

DEVAN RAMACHANDRAN

M.B. SNEHALATHA

RR

BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM

LANo of 2024 In

Appeilant:-

P.D.Viswanathan, aged 51 years,

S/o. late Damodharan, Aiswaryam, Paveedupurath House, Thaikkad P.O. Guruvayur, Now residing ai G.D.Mookambika Enclav, Poomkunnam Village, Thrissur Taluk, Thrissur District - 680002.

Vs. RESPONDENT:-

Jayasree, aged 46 years,

Kuranjiyur Balan, Vadakkepurakkal House, Aswathy, Thamburanpadi, Thaikkad Village, P,O.Kottappadi, Thrissur -- 680 505.

COMPROMISE PETITION FILED BY THE APPELLANT AND RESPONDENT IN THE ABOVE APPEAL UNDER ORDER 23 RULE 3 AND SECTION 151 OF THE CODE OF

1. The above appeal has been filed challenging the order in O.P! 1625/2074 on the file of Family Court, Thrissur which was filed by the respondent herein for a relief of declaration and permanent prohibitory injunction. The respondent herein has filed Mat. Appeal No,263/2015 challenging the order in O.P. 463/2011 of Family Court, Thrissur granting a decree for

rat

restitution of conjugal rights; Mat. Appeal No. 264/2015 challenging the order in O.P. 1122/2011 rejecting the prayer for decree of divorce and Mat. Appeal No. 265/2015 chaltenging the order in O.P. 1123/2011 rejecting the claim

for return of gold ornaments,

. The parties have settled all their disputes involved in the appeals referred to above on the following terms and conditions:-.

(a) As the marital tie between the parties has irretrievably broken down, the appellant and respondents have agreed to file a petition under Section 13(B) of Hindu Marriage Act before Family Court, Thrissur for dissolving their marriage by mutual consent and for the purpose they have jaintly moved Family Court, Thrissur in OP No. 1423/2024 which is pending consideration.

The parties agree that they will appear before Family Court, Thrissur in the above proceeding as and when 'required without fail so as to enable the court below to pass a decree of divorce as applied for.

(b) In the light of the joint petition for divorce filed by the parties as above, the appellant has no objection in setting aside the decree passed in OP No. 463/2011 ordering restitution of conjugal rights and Mat. Appeal No. 263/2015 can be allowed accordingly in terms of this compromise.

(c)

The respondents agrees that Mat. Appeal Ne. 264/2015 filed by her challenging the order of Family Court, Thrissur dismissing OP No. 1122/2011, her petition for divorce, could be closed as not pressed in the light of the joint petition filed by the parties for

'divorce by mutual consent,

The appellant has today returned the ornaments of the respondent which were left out by her while leaving the matrimonial home and the respondent acknowledges the same. The respondent does not have any further claim for ornaments or compensation under any other head from the appellant. The respondent therefore agrees to withdraw Mat. Appeal No. 265/2015 filed by

her for return of gold ornaments and money. The

respondent further agrees that she wilt not raise any claim in future for money or maintenance against the appellant.

The appellant agrees that he will transfer his % share in the petition schedule property in O.P No. 1625/2014 in favour of the respondent as well as their children namely Aiswarya Viswanathan and Arjun Viswanathan

by way of a settlement deed within one month of

"passing of the decree in the joint petition for divorce.

In the light of the assurance from the appellant as above, the respondent agrees that the decree in O.P. No. 1625/2014 on the file of Family Court, Thrissur

could be set aside. In the event of failure on the part of

'the appellant in executing the settlement deed as stated above within the time limit specified herein this Giause, the decree in OP No. 1625/2014 shall revive automatically and the respondent shall be at liberty to get the decree executed through Court.

3. ft is respectfully submitted that the parties have agreed to the terms referred to above voluntarily with free wil! and this Hon'ble Court may therefore be pleased to accept this compromise petition and dispose of Mat. Appeal No.1028/17, Mat. Appeal No. 263/15, Mat. Appeal No. 264/15 and Mat. Appeal No. 265/15 in terms of the compromise.

Dated this the 15" day of October, 2024,

Appellant pa pp wo?

fo ; a e Advocate for the Appellant Bhs

Respondent Wr. + Advocate for Responden We

All the facts stated above are true and correct to the best of our knowledge belief and admitting the contents we have affixed our signature on this the 15" day of October, 2024 at Ernakulam.

Appellant: <fif Respondent: ie