Kerala High Court

Sijoy.P.Menon vs Swathi Krishna on 7 February, 2025

2025: KER: 10126
|
IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURASLE MR. JUSTICE DEVAN RAMACHANDRAN

&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA

FRIDAY, THE 7™ DAY OF FEBRUARY 2625 / 18TH MAGHA, 1946

P_{FC) NO. 24 OF 2625

AGAINST THE ORDER DATED 19.19.2024 IN I.A.5/2024 IN
GOP NO.2028 OF 2623 OF FAMILY COURT, THRISSUR

PETITIONER/PETITIONER:

SIJOY.P.HENON, AGED 36 YEARS
5/0.BALAKRISHNAN HAIR, PINDIYATH HOUSE,
PANANGAD.P.O., SREENARAYANAPURAM VILLAGE,
KODUNGALLUR TALUK, THRISSUR, PIN - G&6G65

4

BY ADVS.
G.A.CHACKO

C.M. CHARISMA
BABU V.P.
SHAHBAS AMAN C.H.

RESPONDENTS /RESPONDENTS :

1

SWATHI KRISHNA, AGED 29 YEARS, D/O.RAGHUNANDANAN,
KALLATT VEETTIL, KUTTUR DESOM, KUTTUR VILLAGE,
THRISSUR-680913, PRESENT ADDRESS: MANTLE
SOLUTIONS PVT. LTD., STH FLOOR, LULU CYBER

PARK TOWER 2, PHASE 1, INFOPARK, KAKKANAD,
ERNAKULAM, PIN - G82042

RAGHUNANDANAN, KALLATT VEETTIL, KUTTUR DESOM,
KUTTUR VILLAGE, THRISSUR, PIN - S86G13

JAYASREE, W/O, RAGHUNANDANAN, KALLATT VEETTIL,
KUTTUR DESOM, KUTTUR VILLAGE, THRISSUR,
PIN - 688013

SRI C A ANOOP


fs am Fst
2025: KER: 10126
OP(FC) 24/25

THIS OF (FAMILY COURT} HAVING COME UP FOR ADMISSION ON
87.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:


OP(FC) 24/25
3

JUDGMENT

Devan Ramachandran, I.

When this matter was called today, learned: counsel for the

parties were ad idem that the disputes between their sea have

been resolved through the mediation conducted under -the aegis of

the Mediation Centre of this Court and that a Memorandum of .

Agreement has been placed on record.

2. We notice that a Report 'has been placed before us by the Nodal Officer of the Mediation cette, 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. We also notice from the compromise that the parties have agreed that the permanent custody and legal guardianship of

the minor child will be with the 1° respondent and that the

OFP(FC) 24/25

petitioner will have his interim custody on the specified dates as mentioned in Clause 3 of the Agreement,

5. The learned counsel for the parties thus pray that the G.O.P be decreed in terms of the Agreement, as has been specifically conceded by their clients in Clause 10 of the Memorandum of Agreement.

Acceding to the above and adverting to the Memorandum of Agreement, we allow this Original Petition and set aside Ext.P7 order; consequently, with the full consent of both sides, decree G.O.P.2028/2023 on the files of the learned Family Court, Thrissur, in terms of the said Memorandum -- a copy of which shall stand appended to this judgment.

Consequently, the parties are directed to act implicitly in terms of the Memorandum of Settlement and we also leave them liberty to approach this Court for any clarification, if there is any impediment faced for the working of the compromise.

Needless to say, on the receipt of copy of this judgment, the

OP{FC) 24/25

learned Family Court will cease all further proceedings in

G.O.P.2028/2023 and record it closed in its files.

DEVAN RAMACHANDRAN ©

M.B, SNEHALATHA

OP(FC) 24/25

PETITIONER

Exhibit

APPENDIX OF OP {FC} 24/2025

EXHIBITS

TRUE COPY OF ORDER IN OP.NO.523/2020 DATED 13/4/2621 OF FAMILY COURT, THRISSUR

TRUE COPY OF GOP .NO.2628/2023 DATED 3/12/2023 FILED BY THE PETITIONER

TRUE COPY OF TA.NO.2/2023 DATED 13/12/2023 FILED 8Y THE PETITIONER TO GET INTERIM CUSTODY OF THE CHILD

TRUE. COPY OF ORBER DATED 27/12/2023 OF FAMILY COURT, THRISSUR IN IA.NO.2/2023

TRUE COPY OF ITA.N0.5/2024 DATED 27/4/2024 FILED BY THE PETITIONER

TRUE COPY OF OBJECTION DATED 24/5/2024 FILED BY THE RESPONBENTS IN TA.N0.5/20624

FRUE COPY OF ORBER DATED 19/16/2024 IN TA.NO.5/2024 IN IA.NO.2/23 IN

GOP .NO.2028/2023 OF FAMILY COURT, THRISSUR

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

OP(FC) No, 24 of 2025

Sijoy P Menon : Petitioner Vs.

Swathi Krishna & Others : Respondents

MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE KERALA CIVIL PROCEDURE (MEDIATION), RULES, 2008:

Both parties agreed to settle the matter on the following terms and conditions:-

1. The petitioner and 1* respandent agreed to file joint petition for divorce on mutual consent before the Famity Court, Thrissur within 10 days from today.

2. Both parties agree that permanent custody and legal guardianship of the minor daughter, Pallavi S Menon, shall be with the 1 respondent/ mother.

3, Both parties agree that the petitioner father shail have interim custody

of their child on all Second Saturdays and fourth Saturdays of every month

from 10.00 a.m to next Sunday 6.00 p.m. The petitioner shalt take the

child from the front gate of house of the respondents at Kuttur and drop * the child at the same place.

Petitioner Respondents

t * Sijoy P enon eye 1, Swathi Krishna /

2, Raghunandanan

3. jayasree "XK

4. Both parties agree that interim custody of the child shail be given to the petitioner also during first five days each of Onam and Christmas Vacations and first fourteen days each of April and May during Summer Vacations,

5. ifthe petitioner is not available in Station during the above said periods of interim custody, both parttes agree that his parents/sisters shall have interim custody of the child as stated in condition No.3 above; They shalt also Rave Interim custody for six days each in April and May during summer Vacation, ie., three days each In the second and fourth weeks from Friday to Sunday of both months.

6. Both parties agree that access of child through Video Call shail be permitted to petitioner, in between 7.00 p.m and 8.00 p.m whenever the custody of the child Is with the respondents and to the respondents whenever the custody is with the petitioner.

7. Both parties agree that if custody of the child is not able to be given to the parties as mentioned above on any of the above said days due to any reason beyond their control, those days' custody shall be compensated soon on next days.

8. Both partles agree that if the parties need custody of th child on any other extra days, it shall be given on mutual consent of both parties,

Petitioner Respondents

' , Sijoy P Menon wg? 1. Swathi Krishna

2, Raghunandanan

3, Jayasree

af a

9. The petitioner agrees to give Rs.3,000/- (Rupees Three thousand only) per month towards the monthly maintenance of the child. ft can be paid through the Account of the 1* Respondent maintained at Punjab National Bank, Kuruppam Branch, Thrissur with A/c No.4357001500007 4600,

10. Both parties agree that they shall withdraw all the cases filed by them e., MC No,292/2021, OP No.1034/2024 and op No.4288/2021 before the Family Court, Thrissur, except GOP No.2028/2023 filed by the petitioner, which can be decreed in terms of this compromise agreement.

11. the 1* respondent herewith relinquish her entire claim for past and future maintenance from the petitioner. Both Parties agree that they will not make any claim including criminal cases, other than those mentioned above, agalnst each other.

Dated this the 24" day of January, 2025.

Petitioner Respondents

2! '] Sijoy P Menon Ae P- 1. Swathl Krishna 4

2. Raghunandanan

3. Jayasree

G ae Counsel for the Petitioner Counsel forthe Respondents Chewiisma. CM.

KI424lor