Ramish vs Neenu.K
2025 Latest Caselaw 3962 Ker

Kerala High Court

Ramish vs Neenu.K on 12 February, 2025

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 12TH DAY OF FEBRUARY 2025 / 23RD MAGHA, 1946

                      MAT.APPEAL NO. 98 OF 2021

       AGAINST THE ORDER DATED 02.08.2011 IN OP NO.994 OF 2010 OF

                          FAMILY COURT,KOZHIKODE

APPELLANT/RESPONDENT:

            RAMISH, AGED 40 YEARS
            S/O. SIVARAM, REMYA NIVAS, MANDAMPATT PARAMBU,
            MANKAVU P. O., VALAYANAD AMSOM DESOM, KOZHIKODE -
            673007.

            P.SANJAY
            SMT.A.PARVATHI MENON
            SRI.BIJU MEENATTOOR
            SRI.PAUL VARGHESE (PALLATH)
            SRI.P.A.MOHAMMED ASLAM
            SRI.KIRAN NARAYANAN
            SHRI.PRASOON SUNNY
            SHRI.RAHUL RAJ P.



RESPONDENT/PETITIONER:

            NINU K., AGED 37 YEARS
            D/O. K. PREMAN, KOMMANGOTT VEEDU, NALLALAM P. O.,
            NALLALAM AMSOM DESOM, KOZHIKODE TALUK, PIN - 673027.

            BY ADV SRI.T.D.SUSMITH KUMAR


     THIS   MATRIMONIAL    APPEAL    HAVING   COME   UP   FOR   ADMISSION   ON
12.02.2025, ALONG WITH Mat.Appeal.295/2020, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
                                                      2025:KER:11821
MAT.APPEAL NO. 98 OF 2021 & con.case

                                       2




             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

                                       &

           THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA

 WEDNESDAY, THE 12TH DAY OF FEBRUARY 2025 / 23RD MAGHA, 1946

                       MAT.APPEAL NO. 295 OF 2020

         AGAINST THE JUDGMENT DATED 23.01.2020 IN OP NO.742 OF

                    2016 OF FAMILY COURT,KOZHIKODE

APPELLANT/PETITIONER:

             RAMISH, AGED 40 YEARS
             S/O.SIVARAM, MERCHANT, RESIDING IN MIDHILA,
             BEHIND AZCHAVATTOM, VALAYANAD AMSOM DESOM,
             KOZHIKODE TALUK, P.O.MANAKAVU, KOZHIKODE-673007.

             P.SANJAY
             SMT.A.PARVATHI MENON


RESPONDENT/RESPONDENT:

             NEENU.K., AGED 37 YEARS
             D/O.PREMAN, KOMMANKOTU VEEDU, NALLALAM P.O.,
             KOZHIKODE TALUK, PIN-673027.

             SRI.T.D.SUSMITH KUMAR
             SRI.C.SIVADAS
             SMT.SAJINA


      THIS MATRIMONIAL APPEAL HAVING COME UP FOR HEARING ON
12.02.2025, ALONG WITH Mat.Appeal.98/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
                                                   2025:KER:11821
MAT.APPEAL NO. 98 OF 2021 & con.case

                                       3



                                   JUDGMENT

[Mat.Appeal Nos.98/2021, 295/2020]

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 Ernakulam

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. We are informed by the learned counsel for the

parties that since the terms of the agreement have already been

complied with by their respective clients, nothing remains for

enforcement.

2025:KER:11821 MAT.APPEAL NO. 98 OF 2021 & con.case

In the afore circumstances, we accede to the request of

the learned counsel for the parties and permit them to withdraw

these appeals; but order that the parties will be implicitly

governed by the agreement, a copy of which shall appended to

this judgment.

Sd/- DEVAN RAMACHANDRAN JUDGE

Sd/- M.B. SNEHALATHA JUDGE stu BEFORE TIE HONouRABLB HIGH couRT oF KERAIA AT BRNAKulAnd

Mat. ADpeal Nos.98 of 2021 & 295 of 2020

Fchish Appellant Vs. Ninu K. Respondent REMORANDUM oF AGREERENT u/s 89 oF TIE CODB oF CIvn, rmocBDURB READ rmH RulAB 24 oF TIE clvlL pRocEDURE (ALTEENATlvE I]IspuTB REsOLUTIOxp RULrs. 2cO8.

The above Mat. Appeal Nos.98 of 2021 & 295 of 2020 on the file of this Hon'ble Court were referred to mediation for resolving the dispute between the parties vide the Order of this Honourable Court dated 09/08/2024. Mat. Appeal No.98 of 202l js the Appeal filed against the Judgment and Decree in OP No.994/2010 in the file of Family Court, Kozhikode and Mat. Appeal No. 295 of 2020 is the Appeal ffled against the Judgment and Decree in OP No.742/2016 in the file of F`amily Court, Kozhikode. In the course of mediation. they have resolved their dispute and have agreed to the following terms and conditions.

1. The appellant and the respondent have agreed to dissolve their marriage, which was solemnized on 24/05/2006 by filing a petition under Section 13 8 of Hindu Marriage Act before the Honourable High Court of Kerala in the light of the judgment reported in 2019 (2) KHC 71.

Ramish           jz4'                                     Ninu K
                                                                   Legr
Appellant/Respondent                            Respondent/Petitioner

2. The minor son, Shivaroop M.R., born in the said wedlock, will remain in the custody of the respondent. However. this does not restrict the appellant from visiting or meeting his son, provided it is done without causing any inconvenience to either the son or the respondent.

3. The appeuant has agreed to pay an amount of I 2,00.000/-

(t`ro ha]ths only} as full and final settlement of all financial claims of the respondent. The appellant has handed over a Demand draft bearing number 134374 673012020. dated 13.12.24 drawn on Bank of Baroda, Mankavu branch. • Kozhikode for the said amount in the name of the respondent

on the date of signing the mediation agreement to the respondent and the respondent has received and accepted the same in full and final settlement towards all her claims.

4, The appellant has further agreed to pay an amount of I 4.00.000/- (four Lakhs only) as full and final settlement of maintenance amount of his son, Shivaroop M.R. The appellant has handed over a Demand draft bearing numberl34375 673012020. dated 13.12.24 drawn on Bank of Baroda. Mankavu branch. Kozhikode for the said amount in the name of Shivaroop.M.R. on the date of signing the mediation agreement to the respondent and the respondent has received and accepted the same in full and final settlement towards all their son.s maintenance claims.

                                                                      I.,i   Lj

     Funsh                                                   Ninu K

     Appeuant/Respondent                              Respondent/Petltloner

5. In view of this agreement arrived at through mediation, the parties agree that the Matrimonial Appeals may be closed, recording this agreement and the terms and conditions stated herein. granting liberty to the parties to the said Matrimonial Appeals to re-agitate and re-contest the same in the event if the parties to the Appeals fall to carry out their respective obligations under this agreement.

6. All the cases between the appellant and respondent bearing the following numbers. M.C No.52/2021 on the file of the Judicial F`irst Class Magistrate-V, Kozhikode,E.P No. 10/2020 in OP No.994/2010, M.C No. 391/2023, C.M.P (Ex)98/2022 in M.C No. 247/2017, C.M.P (Ex) 91/2023 in M.C No. 247/2017 on the file of the Hon'ble F`amily Court, Kozhikode. OP No.67l/2020 on the file of the F`amily Court. Kozhikode and CC No.550/2017 on the file of the Judicial F`irst Class Magistrate-Ill. Kozhikode in Crime No.683/2016 of Kasaba Police Station, Kozhikode shall be withdrawn by the respondent, subject to the compliance of the conditions of this mediation agreement, by the parties.

      -ish                                          Ninu#
     Appeuant/Respondent                    Respondent/Petitioner

7. Appellant shall file petltLon before the Honourable lligiv court of Kerala to quash the proceedings in CC.550/2017 pending before the Honourable Judicial Ftrst Class Magistrate-Ill, Kozhikode and the respondent has today handed over her affidavit supporting the quashing of the criminal proceedings pending against the appellant in CC.550/2017 before the Honourable Judicial First Class Magistrate-Ill. Kozhikode against Crime No.683/2016 of Kasaba Police Station. Kozhikode registered against the appellant and his parents Mr.Sivaram and Mrs.Reena.

8, In case of default of any of the terms by any of the parties to this compromise. the other party will be entitled to enforce the same througiv Court of I+aw in accordance with law.

In view of the aforesaid agreement entered into between the parties. the parties pray that the above Mat Appeals may be disposed of in terms of the aforesaid agreement.

Dated this the 20St day of December, 2024

Ramish jEL NIrfuAI]wKwrfu Appelhnt/Rcop®nd®nt Reepondentpeti

s-=s-=i=f€-ar T.D R„l, No . K/ 65/ 2004 Coiin8ct for the Appellant Counsel for the Reapondent

The above settlement agreement is authenticated by me. ±gr Adv. Iaija George K tMedint®r} EE