Kerala High Court

Pradeep Sebastian vs Nimmy Joseph on 24 October, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
4

THE HONOURABLE MRS. JUSTICE M.8,. SNEHALATHA
THURSDAY, THE 247! naAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946

MAT APPEAL NO. 1285 OF 2016
AGAINST THE ORDER DATED 29,09,2016 IN OP NO.650 OF 2013 OF

FAMILY COURT, PALA

APPELLANTS /RESPONDENTS >
1 PRADEEP SEBASTIAN

AGED 38 YEARS, $/O SEBASTIAN, KADANTHODU
HOUSE, KOTTAMURY KARA, -DO-P.O. THRIKODITHANAM VILLAGE

2 K.V.SEBASTIAN

AGED 70 YEARS, KADANTHODU HOUSE, KOTTAMURY KARA, ---DO-
P.O. THRIKODITHANAM VILLAGE

3 MARYKUTTY SEBASTIAN
AGED 65 YEARS

W/O SEBASTIAN, KADANTHODU HOUSE, KOTTAMURY KARA, -DO-
P.O. THRIKODITHANAM VILLAGE

BY ADV SRI,P,.CHANDY JOSEPH
RESPONDENT:
NIMMY JOSEPH

AGED 33 YEARS, D/O JOSEPH, VALUMMEL HOUSE, PALA P.O --
666 570, CHETHIMATTOM KARA, LALAM VILLAGE

BY ADVS.
SRI.H.KIRAN
SRI.SHAJI THOMAS

SRI H.KIRAN
THIS MATRIMONIAL APPEAL HAVING SEEN FINALLY HEARD ON 24.10.2024,

ALONG WITH Mat.Appeal.1287/2016, 1321/2016, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:


2024:KER: 80221
[Mat.Appeal Neos.12685/2016, 1287/2016, 1321/2016]

2

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

THE HONQURABLE MRS. JUSTICE M.B. SNEHALATHA

THURSDAY, THE 247! pay OF OCTOBER 2024 / 2ND KARTHIKA, 1946

MAT. APPEAL NO, 1297 OF 2015

AGAINST THE ORDER DATED 29.09.2016 IN OF NO.539 OF 2014 OF

FAMILY COURT, PALA

APPELLANT / PETITIONER:

PRADEEP SEBASTIAN

AGED 38 YEARS

5/0.SEBASTIAN, KADANTHONU HOUSE, KOTTAMURY KARA, DO.
~,0,, THRIKODITHANAM VILLAGE,

BY ADV SRI.P.CHANDY JOSEPH

RESPONDENT:
NIMMY JOSEPH
AGED 33, B/O.JOSEPH, VALUMMEL HOUSE, PALA P.0., 6B6
275, CHETHIMATTOM KARA, LALAM VILLAGE.

BY ADVS.
SRI.H.KIRAN
SRI.SHAJI THOMAS

THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 24,10,2024,
ALONG WITH Mat.Appeal.12685/2016 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:


Soe
2024: KER:80221
[Mat .Appeal Nos.1285/2016, 1287/2016, 1321/2016]

3

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

THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
THURSDAY, THE 24" pay OF OCTOBER 2024 / 2ND KARTHIKA, 1946
MAT APPEAL NO, 13921 OF 2016
AGAINST THE ORDER DATED 29.09.2016 IN OP NO.652 OF 2013 OF

FAMILY COURT, PALA

APPELLANT 'PETITIONER:

PRADEEP SEBASTIAN
AGED 40, S/O SEBASTIAN, KANDANTHODU HOUSE, KOTTAMURY
KARA, KOTTAMURY KARA P.0., HRIKODITHANANAM VILLAGE,

BY ADV SRI.P,CHANDY JOSEPH
RESPONDENT:

NIMMY JOSEPH
AGED 37, D/O JOSEPH, VALUMMEL HOUSE, PALA P.0O., 686575
CHETHIMATTOM KARA, LALAM VILLAGE.

BY ADVS.
SRI.H.KIRAN
SRI.SHAJI THOMAS

THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 24.10.2024,
ALONG WITH Mat.Appeal.1265/2016 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:


[Mat.Appeal Nos.1285/2016, 1287/2016, 1321/2016]

4

JUDGMENT

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 to accept the same,

4. Sri.P.Chandy Joseph - learned counsel

for the appellants and Sri.H.Kiran - learned

2U24:KERI¢

[Mat .Appeal Nos,1285/2016, 1267/2016, 1321/2016]

counsel for the respondents, sought that Mat Appeal Nos.1285/2016 and 1321/2016 be allowed to be withdrawn; while, Mat Appeal No.1287/2016 be ordered, directing the parties to act as per the compromise and to file their application for mutual consent before the learned Family court, within a period of one month from the date of receipt of a copy of this judgment.

In the afore circumstances and with the express consent of both" sides, Mat Appeal Nos.1285/2016 and 1321/2016 are dismissed as withdrawn and Mat Appeal No.1287/2016 is 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.

Consequently, the parties are directed to act

implicitly in terms of the Memorandum of

[Mat.Appeal Nos,.1285/2016, 1287/2016, 1321/2016}

Settlement, and to file the petition for mutual consent divorce before the learned Family Court within a period of one month from today.

We also leave liberty to the parties to move the learned Family Court for exemption from the minimum period as required under law, which shall be considered and ordered, taking into account ail circumstances, including the compromise between

them.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Sd/-

M.B. SNEHALATHA JUDGE

SAS

C. te

ERNAKULAM MEDIATION CENTRE

. (HIGH COURT HALL) -

a 'floor, abave Si, High Court Buding, Emakutam, Rochi-32: APhsi484-2560238)

EMCReg vetaaelecag. Se ce : Dated tellepag . The Nodal Omer, . :

, High Court Mediation Contre. So The Registrar judicial vo High Court of 'Kerala, Emakuiam.

~ Sir, .

, Sub : Mediation of case referred by the Hon ble High Court of Kecala - reg...

Refs" Referral Order in. Mab f ppeal.Nos. 1287. he. szethes reel le > dated ela (24... a of the Horiorable High Court of Kerala

-_

| Pam to forward herewith Report of the Mediator in the matter r along

- with the enclosures for infarmation and necessary action, .

- -- "Yours Fatty,

oe Nodat Officer, | se Emakuiam Mediation Centre

'. Ended 1. Report of @ Mediator, SettiennSnt Agreemient " 2. Copy of the referral onder dated Zalafas, of the High Court of Kerala.. 3 Copy af the Petition. mo,

BEFORE THE HONOURABLE HIGH COURT OF KERALA

AT ERNAKULAM Mat Appea! Nos.1287 of 2016, 1321 of 2016 & 1285o0f 2016

Pradeep Sebastian ; Appetlant VS.

Nimmy Jaseph : Respondent

REPORT SUBMITTED BY THE MEDIATOR | DV. CHINCY GOPAKUMAR

Mediated, matter is settied.

Terms and conditions are attached herewith. Dated this the 14th day of October, 2024.

Adv. Chincy Gopskumar Mediator Ernakulam Mediation Centre

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

Mat Appeal Nos.1287 of 2016, 1321 of 2016

Pradeep Sebastian : Appellant V5.

Nimmy Joseph : Respondent

Appellants Respondent

1.Pradeep Sebastian & Others Nimmy joseph

MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE CIVIL PROCEDURE {ALTERNATIVE DISPUTE RESOLUTION),RULES, 2008:

The disputes between the parties are settled on the fotlowing terms and

conditions:

1.That the Appellant Pradeep Sebastian(Pretheep) has agreed to withdraw the MatAppeal No.1285/2016 and Mat.Appeal

No.1321/2016.

A i No 7 of 2016 Zi of 2016 Appellant Sae< Respondent Pradeep Sebastian (Pretheep Sebastian) Nimmy Josep Mat.A 1285 of Appellants dw Res ; nt

1.Pradeep Sebastian (Pretheep Sebastian) imny Jos |

3.Marykutty Sebastian. Macypubks,

(2}

2.The respondent-wife Nimmy Joseph has no objection in granting divorce on mutual consent. Both parties are ready to file a petition under Sec.10A4 of the Indian Divorce Act, if necessary.

3. The appeliant-Pradeep Sebastian(Pretheep) handed over a Demand Draft for Rs.18,00,000/-{(Rupees Eighteen lakhs only) in favour of the respondent Nimmy Joseph towards full and final settlement of all monetary claims between them including maintenance and the respondent Nimmy joseph has received the Demand Draft today in the presence of the counsel for the appellant and the respondent. The respondent Nimmy Joseph has also agreed that she wil! not raise any further claim arising out of their matrimonial relationship.

4,The above 3 appeals may be disposed of in terms of the settlement

agreement.

Dated this the 10th day of October, 2024. Mat.A ae £2016 & 1321 of

Appellant Respon i nt Pradeep Sebastian (Pretheep eX com Nimmy Joseph i ae of 2016 ' Appellants nden 1,Pradeep Sebastian (Pretheep Sebastian) Nenana pees

2KVSebastian adloUs we

3.Marykutty Sebastian. Mery uty

(for K.|26[ Ge

Counsel for the Appellants Counsel for the Respondent

Choady Jo so

This settlement agreement is authenticated by m

Adv.Chincy Gopakumar(Mediator)

C. Se A:

ERNAKULAM MEDIAT ION CENTRE . (HIGH COURT HALL). |

(ae floor, above Se, Bligh Court Buksing, Emakulam, Kochl-a1. (PH: 4842562730}

es a, a : Bate l4ftafo4 From ae | "

~The Nodal. omcer, 7 | High Court Mediation Centre.

The Registrar (udicia. ;

High Court of Kerala, Emakulam.

Sir, Sub : Mediation of case referred by the Han'be High Court of Kerala ~ reg,

Ref :" Referral Ordar tn: Mak A peal. Nos. earlte, taethe, 2eel le 'dated 24 (24... oF the Honorable High Court of Keré'a

| am to forward herewith Report of the Mediator In the matter along with the enélosures for infarmation and necessary action. .

"Yours Fatthfuily,-

ay - : . : oe ; = + -

rn . - sot . é 7 . 4 . 4 . , ay

-. . Nodal Officer, | _) Emakulam Mediation Centre

all |. Ench- 1. Report of the Mediator, Settlemsik Agreement ° 2. Copy of the referral order dated mies of the High Court of Kerala..

3. Copy of the Petition

BEFORE THE HONOURABLE HIGH COURT OF KERALA

AT ERNAKULAM Mat Appeal Nos.1287 of 2016, 1321 of 2016 & 1285o0f 2016

Pradeep Sebastian ; Appellant Vs. Nimmy Joseph : Respondent REPORT SUSMITIED BY THE MEDIATOR

ADV, CHINCY GOPAKUMAR

Mediated, matter is settled.

Terms and conditions are attached herewith. Datec this the 14th day of October, 2024.

Adv. Chincy Gopakumar ° Mediator Ernakulam Mediation Centre

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

Mat Appeal Nos.1287 of 2016, 1321 of 2016

Pradeep Sebastian : Appellant Vs. Nimmy Joseph : Respondent

Appellants Respondent

1.Pradeep Sebastian & Others Nimmy Joseph

MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE CIVIL PROCEDURE {ALTERNATIVE DISPUTE RESOLUTION),RULES, 2008:

The disputes between the parties are settled on the following terms and

conditions:

1.That the Appellant Pradeep Sebastian(Pretheep} has agreed to withdraw the Mat.Appeal No.1285/2016 and Mat.Appeal

No.1321/2016.

Mat.A | 1287 6 1321 of 2016 Appellant d). Respondent Pradeep Sebastian (Pretheep Sebastian) Nimmy Josep

=a |

1.Pradeep Sebastian (Pretheep Sebastian) immy Jos

2.K.V Sebastian, 1.0" \

3.Marykutty Sebastian. Meocepubs fo"

3 a ©

2.The respondent-wife Nimmy Joseph has no objection in granting divorce on mutual consent. Both parties are ready to file a petition under Sec.10A of the Indian Divorce Act, if necessary.

3. The appellant-Pradeep Sebastian{Pretheep) handed over a Demand Draft for Rs.18,00,000/-(Rupees Eighteen lakhs only} in favour of the respondent Nimmy Joseph towards full and final settlement of all monetary claims between them including maintenance and the respondent Nimmy Joseph has received the Demand Draft today in the presence of the counsel for the appellant and the respondent. The respondent Nimmy Joseph has also agreed that she will not raise any further claim arising out of their matrimonial relationstip.

4. The above 3 appeals may be disposed of in terms of the settlement

agreement.

Dated this the 10th day of October, 2024.

LAppe 1287 of 132] of Appellant Respon nt aaieie: / Pradeep Sebastian {Pretheep Noam Nimmy Joseph M | No.1 fF 2016 Appellants : R nt _ é ! e

1.Pradeep Sebastian (Pretheep Sebastian) Ninimy ean

2.K.V. Sebastian al? acds «¢

3.Marykutty Sebastian. Mex. mie

(for K 26] oo » { K 464s

Counsel for the Appeliants Counse! for the Respondent 'Chrourdy je sf

This settlement agreement is authenticated by iby me SP awd

acre Ady.Chincy Gopakumar(Mediater) "77>

C. Sus BD?

[ERNAKULAM MEDIATION CENTRE (HIGH COURT HALL)

oo fuor, above SB. High Court punaing, Emskalom, Kochi-21.(Pt: 64942562238)

EMCReg no.124aleo24. _ , 7 - _ . _ Dated itbiolay .

From ae - 7 ;

The Nodal Officer,

_ High Court Mediation Centre.

To ee The Registrar Judicial.

High Court of 'Kerala, Emakulam.

Sir,

) Sub : Mediation of case 'referred by the. Hon bie High Court of Kerala -

reg..

Ref :" Referral Order in Mat f ppieal Nos. A287 Ite, tzathe, 12¢5( 16

-dated 26/9, [24.. ees _of the Honorable High Court of Keré!a

"4 am to forward herewith Report of the Mediator in the matter along . with the enclosures for information and necessary action. ,

7 Yours Fatehyfuly,

. Nodal Officer, _Ermakwam Mediation Centre

_ Enci:- 4, Report of the Mediator, Setternont "Agreement " 2. Copy of the referrai order dated En of the High Court of Kerala. 3 copy of the Petition .

BEFORE THE HONGURABLE HIGH COURT OF KERALA

AT ERNAKULAM Mat Appeal Nos.1287 of 2016, 1321 of 2016 & 12850f 2016

Pradeep Sebastian ; Appellant Vs. Nimmy Joseph : Respondent REPORT SUBMITTED BY THE MEDIATOR

APV. CHINCY GOPAKUMAR

Mediated, matter is settled.

Terms and conditions are attached herewith.

Dated this the 14th cay of October, 2024.

Adv. Chincy Gopdkumar Mediator Ernakuiam Mediation Centre

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

Mat Appea! Nos.1287 of 2016, 1321 of 2016

Pradeep Sebastian ; Appellant VS.

Nimmy Joseph : Respondent

Appellants Respondent

1.Pradeep Sebastian & Others Nimmy joseph

MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24.& 25 OF THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION),RULES, 2008:

The disputes between the parties are settled on the following terms and

conditions:

1.That the Appellant Pradeep Sebastian(Pretheep} has agreed to withdraw the Mat.Appeal No.1285/2016 and Mat.Appeal

No.1321/2016.

Mat.A Nos.L287 1 1 f 2016 Appellant We Respondent | Pradeep Sebastian (Pretheep Sebastian) wae anes

Appellants Ree nden

1.Pradeep Sebastian {Pretheep Sebastian} Na eA Z.K.¥. Sebastiann | 5 phot ; --

3.Marykutty Sebastian. " Mocpjoulks SL aN

= j!

2.The respondent-wife Nimmy Joseph has no objection in granting divorce on mutual consent. Both parties are ready to file a petition under Sec.10A of the Indian Divorce Act, if necessary.

3. The appellant-Pradeep Sebastian(Pretheep) handed over a Demand Draft for Rs.18,00,000/-(Rupees Eighteen lakhs only) in favour of the respondent Nimmy Joseph towards full and final settlement of alt monetary claims between them including maintenance and the respondent Nimmy Joseph has received the Demand Draft today in the presence of the counsel for the appellant and the respondent. The respondent Nimmy Joseph has also agreed that she will not raise any further claim arising out of their matrimonial relationship.

4. The above 3 appeals may be disposed of in terms of the settlement

agreement.

Dated this the 10th day of October, 2024. IN Ve. f201 1321 of 2

Appellant Respon ;

Pradeep Sebastian (Pretheep a Nimmy joseph lant Mat.Agpeal No ¥ 2016 R 4 Appellants " on

1.Pradeep Sebastian (Pret aep Sebastian} eens

i nt et

2.K.V.Sebastian aed

3.Marykutty Sebastian. Mary kubts (for K | 24 a

Counsel for the Appellants Counsel for the Respondent Chomdy aT: efi This settlement agreement is authenticated by feymer-- Se PF axd aE Ts, Adv.Chincy Gopakumar{Mediator} es aie le ay fk ' "ye