Kerala High Court
Vaishnavi vs Akil Vishnu on 11 August, 2025
Mat.A No,618 of 2025 2025 : KER : 60312
Iet TRE HIGH COURT 0F KERAln AT ERNAKt7InM
PRESENT
IRE HCINOuRABIE in. eusTlcE DEvaN RmmcEIANDRAN
&
THE HOwOURABliE MRS. JUSTICE M.B. SNEHAIATHA
MOwDAY, TEE 11" DAY OF AUcOST 2025 / 20TH SRAVENA, 1947
RAT.APPEAI. NO. 618 0F 2025
AGAINST THE -UDGDGNT IN opEDn No.495 oF 2o24 oF FnMII.I
CcunT, pjm
ApPEI.LaetT/pETITloRER:
VAISHRAVI, AGED 24 YEARS
D/0. ENII.KunmR, AZHAKKAMclD : ITHu HousE ,
KAIIAKKARY P. O, KANAKKARY VII+IAGE,
KOTTAYAM DISTRICT, PIN - 686632
BY Joys.
SRI . PAUL K .VREHESE
sim . A . A . GRETHA
SHRI.HYBIN JOSH P.P.
SHRI . dERIN roy
SHRI . SAVIO AVcOSTINE
RESPONDENTS/RESPONDRTS:
AKII. VISENU, AGED 35 YEARS
s/O. MoluEN:AN emNTHUDATHII. HOusE ,
KENAKKZuRY P.O . KANAKKAR VII.LACE
KOTTAYAM DISTRICT, PIN - 686632
SHELliY BABU, AGED 55 YEARS
w/O BABu Kuzt]IKKZITTII, HOusE, KANAKKany.p.O,
ENAKKARY VILIAGE, KOTTAYAM DISTRICT, PIN - 686632
8¥ revs.
SRI . A . K . HARIDAS
SHRI . I . p . pRADREPKtnmR
THls mTRIMONIAL AppEAI. HAVING CODE up FOR HEARING ON
7.o8.2o25, THE counT ON 11.8.2o25 DEI,IVERED THE FOE.I,OwlNG:
Mat.A No.618 of 2025 2025 : KER : 60312
DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ.
-11-111---1111-I---11,I---I--,-I--1111-I--I
--111-I---11111-111111--I---11-----,I-I--I-
Dated, this the llth August, 2025
]uDGMENT
M.B.Snehalatha, J
Challenge in this appeal is by the wife against the
judgment and decree of the Family Court, Pala which declined the
relief of divorce sought by her under Section 13(1)(i)(ia) of Hindu
Marriage Act, 1955.
2. Today, when this appeal came up for hearing, the
learned counsel appearing for both sides submitted that the entire
disputes between the parties have been settled in the mediation
held under the aegis of Mediation Centre, Ernakulam and a
memorandum of agreement has been filed before this Court.
3. We have examined the memorandum of agreement
and we notice that it has been signed by the parties and
subscribed by their counsel. The terms of the agreement are
lawful and therefore, the settlement arrived at by the parties is
accepted.
4. In view of the settlement arrived at by the parties,
appellant and respondent have filed a petition under Section 138
Mat.A No.618 of 2025 2025 : KER: 60312
of` the Hindu Marriage Act, 1955 for dissolution of their marriage
by mutual consent, wherein they have stated that they have
mutually agreed and decided for dissolution of marriage
voluntarily and there is no collusion. Further it is stated that there
is no coercion or undue influence from any corner in filing the
petition under Section 138 of the Hindu Marriage Act.
5. The learned counsel also took our attention to the
decision of this Court in Mat.Appeal Nos.751/2010 and 297/2005
wherein on a similar set of facts, the Division Bench this Court
granted divorce by mutual consent under Section 10A of the
Divorce Act based on a compromise entered into between the
parties during the pendency of the Matrimonial Appeal.
6. Both parties have affirmed that the entire disputes
between the parties have been settled in terms of the
memorandum of agreement filed by the parties.
7. In terms of the settlement, appellant paid an amount
of €1,00,000/- to the lst respondent towards the value of
thalimala.
8. We are convinced that the marriage between the
spouses who are Hindus has been irretrievably broken down and
there is no possibility of reunion and divorce is the viable option
and all the attempts of reunion have been failed. We are also
Mat.A No.618 of 2025 2025 : KER: 60312
convinced that the parties have voluntarily filed the petition under
Section 138 of the Hindu Marriage Act and there is no collusion
between the parties and this Court is satisfied that the consent
was not obtained through fraud or coercion.
9. We are of the view that this is a fit case to grant
divorce by mutual consent on the application filed under Section
138 of the Hindu Marriage Act by waiving the cooling off period as
the marriage is irretrievably broken.
10. Accordingly, I.A.No.2/2025 filed under Section 138 of
the Hindu Marriage Act is allowed.
11. The marriage between the appellant and the
respondent is dissolved by a decree of divorce by mutual consent
under Section 138 of the Hindu Marriage Act, 1955 with effect
from today.
The parties are directed to act implicitly in terms of the
memorandum of agreement and I.oint memo and shall comply all
the terms therein, which do form part of the judgment.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B.SNEHALATHA
JUDGE
ab
Mat.A No.618 of 2025 5 2025 : KER: 60312
APPEu5H oF enr.zLFpml 618/2025
PETITIONER ANNEXURES
Annexure 1 ORGINAL 0F THE LETTER GIVEN BY STATE
PUBI. I C INFORAT I ON OFT I CER AND SHO
EnyRAvll]ANGADu poLlcE sTAIloN KOTTArAM To
THE APPEIANT DATED 23/06/2025
RESPONDENTS ANNEXURES : NIL
BEFOFtE [rmE HOREouFEABLE HF.GF+ couRT a.F KEFEALA AT
ERNAKULAM
Mat.Ar)Deal NOE 618 of 2025
Vaishnavi Appellant
Vs.
Akil Vishnu & Another Respondent
MEMORANDRUM OF AGREEMENT UNDEF` SECTION 89 0F THE
CODE OF CIVIL PROCEDURE READ WITH RULES 24 a 25 0F THE
KERALA CIVIL PROCEDURE (MEDIATION), RULES, 2008:
1.The appett'ant and'. first resp®nderl.t agree th`at th-ey sha-F`E joint[y` a. fife a
petition u/s 138 of Hindu Marriages Act before the Hon'ble High Court of
Kerala.-today.
2.The entire documents ie, Passport, Birth Certificate, Vaccination Book
Of ¥aishn.avi & Vishnupr].ya {S]'ster) Licence, Aadhar C-art, .Pan Card ,
School Certificates/Reports, College Certificates etc belonging to the
appellant received by the appellant from the lst respondent as per list
attached.
3.The cri-mi'fta+- case registered. try- Kuravitangad PoEt.ce Stati`oFT u-rider
Crime No,337/2022 now pending as S¢.No. 565/2022 Before the Fast
Track Court-Erattupetta u/s 376 & 498 A 34 IPC shall be quashed only
after passing Decree of divorce by mutual consent.
4. The -GOP filed b.y the lst 'Resp.ondent before the fan-fry Court,
Ettumannor as GOP No.145/2025 shall be withdrawn by the lst
respondent.
Appetfarfe R=i=uts¥
Vaishnavi
shaiiyBabu ap
5.Respondents shall file Crl.MC before the Hon'ble High Court in which
the appellant shall file affidavit of no objection to quash proceedings as
a.gainst t'he respondents.
6.Herein after both parties shall not file any cases against other party
both civil as well as criminal before any court in relation to their
matrimoniar ties.
7.The appellant and the respondents 1 and 2 shall not any way harass,
threaten, defame or do any acts causing any kind of mental or physical
damages to eac~h other or any of the-ir fain.ily mem'bers and s.ha.I.I not do
any act including defamatory words against the appellant or her family
members in any manner including Wattsapp, Face book, directly or
indirectly including the child.
8.The appefTant has no objectio-n fo-r th-e respon-dent getting the
custody of the child if permitted by law and the respondents shall not in
any way involve the appellant in any case or proceedings for the
custody of the child and also the appellant will not interfere in any
manner and will not claim for the custody of the child in future.
HERlEEn±It]HjEE Responderlts
>j+ + E-
Vaishnavi Akil Vishnu
Shally Babu
9.The appellant agreed to give an amount of Rs.1,00,000/- (Rupees
One lakh only) towards the value of the Thalimala. Out of the said
amount the Appellant has paid an amount Rs.50,000/-(Rupees Fifty
thousand on'fy) and also paid the ba`lance of Rs.50,000/-(Rupees Fifty
thousand only) by G-Pay to the mobile No. of the lst Respondent
9633749130 as such the lst Respondent has no further claim as against
the Appellant in relation to their matrimonial ties.
10.Both the parties are now fuFFy aware that the chit-d has been han`ded
over t CWC and adopted by somebody.
Dated this the 7th day of August, 2025.
v#
Appel]ant FLespondents
Akil Vishnu
shailyBabu se
List of Documents handed over to the Appellant by the lst
Respondent
1. Pass Port
2. Aadhar Card
3. Pan Card
4. Voter I-D
5. Aadhar Card of sister of Appellant
6. Tax Receipt
7. School Certificate
8- Mother and Child Card of Appellant
9. Driving License.
10. N.S.S. Certificate
11 Vaccination Card.
Apart from the documents mentioned above, all documents and copies
of appellants has been handed over by the lst respondent.
Appellant A
Respondent
-! -/ :I
Akil Vishnu
Counsel. for the Appeftarfe Counsel` for the Respondent
Adv.Paul K.Varghese
This settlement agreement is authenticated by
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