Kerala High Court
Muhammed Anees Rep. By His Power Of ... vs Irfana K.S on 21 February, 2025
Mat.A Nos.1113/2024,1130/2024,
1178/2024 & 8/2025 2025 : KER: 15069
IN THE HIGH COURT OF KERALA AT EENAKULAM
RESENT
THE HONOuRABLE in. JusTlcE DIVAN RAMACHENDRAN
&
IHE HchrouRABLE ias. ausllcE M.B. siiEIIAIAIHA
ERIDAI, THE 2isT nay OF FEBRunRy 2o25 / 2ND pHALGt!NA, 1946
mr.AppEAI, No. 1113 oF 2024
ACELINST THE .uDcaENT DATED 18.11.2o24 IN op No.494 oF
2022 0F FAMII.Y COURT,ERNAKULAM
APPEI.IIANT/RESPONDRT:
IRFrm K.s
ACID 33 YEARS
D/o sHast7briEEN K.N. , §RlfLARK, ut.A. BAI.AKRlsHiunN
ROAD, NEW POWER HOuSE, CchGARA COCHIN, REPRESENTED
By HER pOwER OF ATroRNEy HOLDER RATi]ER
sHz`MsuDHEEN I.N. , AGEI> 65, s/o KzisMI, nll/1114
SKYIARK, M.A. BAIAKRISHNAN RcthD, NEW POWER HOUSE,
SHANMJGHAM ROAD, ERNAKULAM, PIN - 682031
By revs.
I-DA.S
FIZA EIUSSEN
ATIKHEN . M
RESPONDENTS/PETITIONERS:
MOHA104ED ANRES
AGED 38 YEARS
S/o ABDUI. RAHlimN NEERI7NGAL HoUSE , NEERUNGAI, ESTATE
KARlpAI ROAD, RAdAGIRI p.o. souTH KALmmssER¥
I AKULEN, REPRESENTED BY POWER 0F ATTORNEY HOLDER
FATHER N.M. ABDul. RAHIMaN, AGED 66 TEARS S/O MOIDEEN
HArl , REERUNGAL HOusE , REERI7NGnl, ESTATE ,
]CARlpAI ROAD, RAonGIRI p.o. souTH KAIAMAssER¥
I AKulnM, plN - 683104
RT.M. ABDul. RAHlinii
AGED 66 YEARS
s/O MOIDREN HATI, REERUNGAI. .HOusE, NEERurGAL ESTATE
KARlpAI Roan, RAdAGIRI p.O. souTH KALAI4zissERy
I AKULZD4, PIN - 683104
Mat.A Nos.1113/2024,1130/2024,
1178/2024 & 8/2025 2025 : KER: 15069
3 FATE Ibm
AGED 56 YEARS
W/O ABDUL REIEN, REERUNGAI. HOUSE,
NEERUNGAI. ESTATE KARlpAI Eroae, RA4nGIRI p.O.
souTH HALrmssERy I AKulLAM, plN - 6831o4
BY ADVS.
P.A.ABDUII JABBER
M(7HmoGD SHAFFI (K/12ol/2ol2)
SHAIIIM BIN AZIZ (K/557/2016)
gHls mTRIMONIAL AppEAL HjivING BEEN FINAI.I.y HEziRD ON
21.02.2025, AI-ONG WITH rat.Appeal.8/2025, 1130/2024 AND
CONNECTED cASEs, THE cOuRT ON THE sinE I)Ay DEI,IVERED THE
FOIil.OWING :
Mat.A Nos.1113/2024,1130/2024,
1178/2024 & 8/2025 2025 : KER: 15069
IN THE HIGH COURT 0F KERAIA AT ERNAKULAI4
PRESENT
THE HONouRABLE MR. rusTlcE DIVAN RABfficllENDRAN
&
THE HONOuRABRE ms. -usTlcE M.B. SNEHAIATHA
mlDAr, THE 2isT DAY oF FEBRunRr 2025 / 2ND pmLGUNA, 1946
RAT.APPEAI. NO. 1130 0F 2024
AGthlNST THE JUDGRENT DATED 18.11.2024 IN 0P NO.2303 0F
2020 0F FAMIIIY COURT,E AKtJILAM
AppEI[IANT/pETITIchmR:
IkHRA K.S
AGED 33 YEARS
D/O sHAMsuDHEEN K.N. , sK;ylARK, M.A. BALrmRlsHNAN
ROAD, NEw poevER HousE, cchGARA, cocHIN REPRESENTEI>
8¥ HER poovER oF ATTORI!iE¥ HOLDER ENHER sHAMsunHEEN
K.N., AGED 65, S/O KZISMI, XLII/1114 SKYLARK, M.A.
BALAKRISHNAN ROAD, NEW POWER HOUSE, SHANM(JGHAM ROAD,
ERNAKULae4, plN - 682o31
BY ADVS .
-DA.S
anHEN.M
FlzA rmssAIN
RESPONDENTS/RESPONDENTS:
MOHABDGI) ANEES
AGED 38 YEARS
s/o ABDul, EunlEN, REERUNGAL HOusE, NEERUNGAI, ESTATE
KzmlpAI ROAI>, RA.]AGIRI p.O. sOuTH KZLI.ABmssERy
ERNAKULm4 REPRESENTED By powER OF ATTORNEy HOLDER
FATHER N.M. ABDul, RAHlinN, AGED 66 TEARS
s/O MOIDEEN Harl , NEERI7NGAI, HOusE, NRERUNGAL ESTATE
KARlpAI Roan, RAOAGIRI p.O. sOuTH KAIAiflssERy
E AKtJIAM, PIN i 683104
Mat.A Nos.1113/2024,1130/2024,
1178/2024 & 8/2025 2 025 : KER : 15069
N.M. ABDul, RAEIIimN
AGED 66 YEARS
S/O MOIDREN HATI , NEERUNGAI-HOUSE, REERUNGAI. ESTATE
KARlpAI ROAD, RAOAGIRI p.O. sOuTH RALAimssERy
E ZuKUIIAM, PIN - 683104
BY JDVS.
P.A.ABDUII JZLBBAR
MUHAB04ED SHAFFI (K/1201/2012)
SHAHIM BIN AZIZ (K/557/2016)
THIS RATRIMONIAL APPEAI. HAVING BEEN FINALIIY HEZLRI) ON
21.02.2025, AI,ONG WITH lfat.Appeal.1113/2024 AND CONNECTED
CASES, THE COURT 0N THE SAME DAY DEIIIVERED THE FOIil.OWING:
Mat.A Nos,1113/2024,1130/2024,
1178/2024 & 8/2025 2025 : KER: 15069
IN THE HIGH CouRT oF RERALA AT EBNAKULm4
PRESENT
THE HONOuRABLE MR. ]usTlcE DIVAN EumcHANDRAN
&
THE HONOuRABLE ms. -usTlcE M.B. sNEHmTm
FRIDAr, THE 2isT DAY oF REBRTAR¥ 2o25 / 2ND PHAI,GUNA, 1946
RAT.AppmL NO. 1178 OF 2024
AGthlNST THE JUD®4ENT DATED 18.11.2024 IN 0P NO.494 0F
2o22 OF FAMII,I cOuRT ,ERNAKULm4
AppEI.IANT / PETIT IcmuERs :
XPHARED ANRES REP. BY HIS POWER 0F ATTORNEY HOLDER
N.M. ABDUI, RAE[IimN
AGED 38 YEARS
s/O. N.M.ABDUL RAlzmmN NEERUNGAI. HOusE, KARlpAI
ROAD, RAdAGIRI p.o souTH KAlnimssER¥ , plN -6831o4,
E AKuliAM DIST. REP. BY HIS POWER OF ATTORNEY HOLDER
AND FATHER N. .M. ABI>ul, RAHmmN AGED 69 yEARs, s/O.
MolDEEN HArl , REEEunGal. HousE, KARlpAI Eroue,
RArAGIRI p. o souTH KAILAinssERy,
EENAKUIAM DIST. , PIN.-683104
N.M. ABDUI. REIEN, AGED 69 YEARS
s/O. MOIDREN HArl, NEERUNGal, HOusE, RARlpAI Roan,
RAdnGIRI P. o SouTH Kzil.AinssER¥ ,
I AKULae4 DlsT, plN - 6831o4
FATHlm, AGED 59 rEARs
W/O. N.M. ABDUL REIEN, NEERUNGAI. HOUSE, KARIPAI
Roan, RAdAGIRI p.O sOuTH KAI.AimssERy, I AKul.AM
DIST, PIN - 683104
By aevs .
P.A.ABDUI. dABBAR
MUHARED SHAFFI
SHAHIM BIN AZIZ
Mat.A Nos.1113/2024,1130/2024,
1178/2024 & 8/2025 2025 : KER: 15069
RESPONDENT/RESPONDENT:
IRFAlm K.s. , , AGED 33 rEARs
D/0. K.N. SHAMSUDEEN, SKYliARK, M.A.BAliAKRISHNAN ROAD,
NEAR poovER HousE, cchnz\RA, cocHIN, plN - 682ol8
8¥ revs.
ENIDA S
A.IRIIAN.M(K/3192/1999)
FIZA HUSSAIN (K/002856/2024)
THIS RATRIMONIAII APPEAL HAVING BEEN FINAIIIiY HEARD ON
21.02.2025, ALONG WITH Mat.Appeal.1113/2024 AND CONNECTED
cASEs, THE couRT ON THE sand Day DELlvERED TI[E FOE,I.cwlNG:
Mat.A Nos.1113/2024,1130/2024,
1178/2024 & 8/2025 2025 : KER: 15069
IN TRE HIGH count OF KERALzi AT ERIiARITILaM
RESENT
THE HCINouRABldE in. dusTlcE DIVAN RA)mcHANDRAN
&
THE HCINOuRABIE ins. eusTlcE M.B. SREHALATIA
mlDA¥, TEE 2isT DAY oF FEBRunR¥ 2o25 / 2ND PHAI.GUNA, 1946
RAT.APPEAL NO. 8 0F 2025
AcalNST TRE JUDGDdNT DATED 18.11.2o24 IN op No.23o3 oF
2o2o oF FAMII.I couRT,ERNAKulnM
APPELILZLNT /RESPONDENTS :
roHARED AREEs REp. By Hls pOwER OF ATTORNEy HOLDER
N.M. ABDUL RAlzlemN
AGED 38 YEARS
s/o. N.M.ABDul, ENIEN, NEERunGAI, HousE, KARlpAI
ROAD, RAJAGIRI P.0 SOUTH KAliAMASSERY , PIN -683104,
E AKulhM DIST. REP. BY HIS POWER 0F ATTORNEY HOLDER
ZIND FATHER N. .M. ABDUL RAHIMZ`N AGED 69 YEARS, S/O.
MolDEEN HArl , NEERUNGAI. HousE, KARlpAI ROAD,
RAmGlhl p.o souTH RAmMrssER¥,
I AKULm¢ DlsT., plN -683104
N.M. ABDul, EunlEN, AGED 69 yEARs
S/0. MOIDEEN HAJI, REERUNGAII HOUSE, KARIPAI Roar),
RAOAGIRI p.O sOuTH KAIAMAssERy , E AKulnM DlsT. ,
PIN - 683104
BY ADVS.
P.A.ABDUL JABBER
MUHmoGD SHAFFI
SHAEIIM BIN AZIZ
REspcnerm/RETITloraER:
IREaegA K.s, AGED 33 ¥EARs
D/O. K.N. SEIAMSUDEEN, SKYIARK, M.A.BALAKRISEINAN ROZLD,
NEAR pOwER HOusE, cch4Bm, cOcHIN, plN - 682ol8
BY ADVS .
-DA.S
FIZA HUSSAIN
AJIKEN.M
THIS RATRIMONIAli APPEAI. HAVING BEEN FINAIIIIY HEARD CAN
21.02.2025, ALONG WITH lfat.AFTeal.1113/2024 AND C0mlECTED
cASEs, THE couRT oN THE SAME DAY I)ELlvERED` The rot.LowlNG:
Mat.A Nos.1113/2024,1130/2024,
1178/2024 & 8/2025 2025 : KER: 15069
DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ.
----------------I--------------------------
Mat.Appeal Nos.1113/2024,1130/2024,
1178/2024 & 8/2025
I,------------------------------------------
Dated this the 21St February, 2025
JUDGMENT
M.B.Snehalatha, I
When these appeals came up for hearing today, learned
counsel appearing for both sides submitted that all the disputes
between the parties have been amicably settled and a compromise
has been filed,
2. We have examined the compromise and notice that it
has been signed by the parties and subscribed by their counsel.
The terms of the settlement are lawful and therefore the settlement
arrived at by the parties is accepted.
3. In view of the settlement arrived at between the parties,
all these appeals are disposed of in terms of the settlement,
4. The custody related to the minor child, which is the
subject matter in Mat.A.No.1113/2024 shall be as agreed to in
terms of the compromise filed by the parties.
5. First respondent shall pay maintenance to the minor
child as agreed to in Clause (4) of the compromise.
Mat.A Nos.1113/2024,1130/2024,
1178/2024 & 8/2025 2025 : KER: 15069
6. First respondent shall also make the payment as agreed
to in Clause (5) of the said compromise.
7. In view of the settlement arrived at between the
parties, Mat.A Nos.1178/2024, 1130/2024 and 8/2025 are
dismissed as the same are withdrawn.
8. Resultantly, parties are directed to act implicitly in terms
of the compromise, which do form part of the judgment.
9. It is reported before this Court that the amount
mentioned in Clause (5) of the compromise has been paid today.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B.SNEHALATHA
JUDGE
ab
BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM
(Against the Judgement in OP (G&W) No. 494/2022 dated 18/11/2024 on the file of the
Family Court, Emakulam)
Irfana K. S . : Appellant/Respondent
Vs.
Mohammed Anees & Ors. : Respondentsmetitioners
COMPROMISE MEMO FILED BY THE PARTIES IN THE ABOVE MENTIONEI}
Mat. ADDeal
It is humbly submitted that the entire dispute among the parties are settled amicably and the parties
have arrived to a compromise on the following terms:-
I. As regards the custody of the minor child `Hanan Bin Mohammed Anees `nged 11 years, it is
mutually agreed to give the permanent custody of the child to the appellant mother. Considering the
convenience of the mother and the child, it is agreed by the lst respondent that he has no objeetion in
the appellant taking the minor child with her to her present place of residence at Dubai and for
enrolling the minor child in a school therein. The lst respondent has also given his consent for the
rrenewal of the passport of the minor child.
1 St RESPONDENT/I St PETITIONER \\,
(Represented by his Power of Attorney Holder)
2nd RESPONDENT/2nd PETITIONER
serfucirk[,it.I
3rdRESPoNDENT/3rdpETITIONERfEE}Z@}ZZZ~-
2. The lst respondent shall have the custody of the minor child on all 4th Sundays from 10 am to 5 pin
and the lst respondent shall collect the minor from the residence of the Appellant in Dubai after
contacting the appellant through the phone number: 971569494423 and he shall bring back the child
to the said place at the stipulated time. The arrival of the lst respondent to collect the minor ward will
be informed 2 days prior to the date of arrival, communicated via the e-mail id of the appellant:
[email protected]. It is mutually agreed by the parties that the respondents no. 2 and 3, the
grandparents will also have the right to get custody of the minor child on the day and time specified
atove during their visit to Duhai in the presence or absence of the I st respondent.
3. The ls'. respondent may have the custody of the minor child for 20 to 30 days in a year in Kerala
during the 2 months long Summer vacation of the minor child's schooling in Dubai starting from any
such day that is agreeable and to the convenience of the minor child. Whenever the child is to come
along with his mother, during the long vacation, the travelling expenses of the child will be met by the
appellant, mother and if the child were to come alone, then the travelling expenses should be met by
the 1 st respondent, father.
4. The lst respondent agreed to make a payment of €15,000/-(Fifteen Thousand Rupees/-) per month
for the monthly maintenance of the minor child starting from March 2025 till he attains the age of 15
years and thereafter, the maintenance will be paid at the rate of aeo,000/- (Twenty Thousand
Rupees/-) per month. The amount shall be deposited by the lst respondent to the account of the
Appellant bearing Account No: 10040100417959 at Federal Bank, Emakulam/North branch before
the 15th day of every month.
5. The lst respondent shall make a payment of {72,00;000/-(Seventy Two Lakh Rupees/-) to the
account of the Appellant bearing Account No: 10040100417959 at Federal Bank, Emakulam/North
branch on or before 21/02/2025 towards the full and final settlement of the appellant's entire claims
regarding gold, money, past and future maintenance and compensation under Section 3(2) of the
Muslim Women (Protection of Rights on Divorce)Act.1986, including the past maintenance of the
minor child till March 2025.
ESPONDENT
1 S' RESPONDENT/1 St PETITIONER
(Represented by his Power of Attorney Holder) thoEELLANT
2nd RESPONDENT/2nd PETITIONER
3rd RESPoNDENT,3rd pET|T|oNER i=J!E=
6. The lst respondent has agreed for the Appellant to retain the diamond ornaments equalling to 10
sovereigns of gold , gifted to her as Mehar at the time of their marriage.
7. The parties have also agreed to withdraw all the cases pending between them before various courts.
8. The respondents shall withdraw Mat.Appeal No. I I 78/2024 and Mat. Appeal No. 8/2025 pending
before this Hon'ble Court. They have also agreed to withdraw Crl.Appeal No. 302/2024 pending
before the Eighth Addl. District and Sessions Court, Emakulam.
9. The Appellant has also agreed to withdraw Mat.Appeal No. 1130/2024 and OP (Crl.) No. 620/2024
pending before this Hon'ble Court on payment of the amount mentioned in clause 5 above. She has
also agreed to withdraw MC No. 1/2025 filed against the lst respondent herein under the Muslim
Women (Protection of Rights on Divorce) Act,1986 pending before the Additional Chief Judicial
Magistrate Court, Emakulam.
10. The Appellant has also agreed to file appropriate affidavit to quash the proceedings
against the respondents in CC No. 88/2025 arising in Crime No. 302/2022 at Kalamassery
Police Station pending before the Judicial First Class Magistrate Court, Kalamassery and she
undertakes that she has no objection in quashing the proceedings against the respondents in
CC No. 88/2025. The Appellant has also agreed for lifting the conditional attachment on the
respondent's property in OP No. 2303/2020 and to file required statement in this regard.
ESPONDENT
1 St RESPONDENT/I St PETITIONER
(Represented by his Power of Attorney Holder) #rfuAlp#AINIj
\
2nd RESPONDENT/2nd PETITIONER
3rd RESPONDENT/3`d PETITIONER
11. It is also agreed between the parties that they will file a compromise petition in MC No. 21/2020
pending before the Additional Chief Judicial Magistrate Court, Emakulam filed by the Appellant
herein under Section 12 of the Protection of Women from Domestic Violence Act, 2005 .by
incorporating the terms and conditions mentioned above.
12. It is mutually agreed by appellant and respondents that they have no further claims against each
other in connection with the marriage and divorce between the appellant and the I st respondent, and
they will not file any civil or criminal cases against each other in this regard.
Under these circumstances, it is humbly submitted that this Hon'ble Court may pass a Judgment and
Decree incorporating the terms of the compromise as mentioned above in the interest of justice and
for meeting the ends of justice. This Compromise Memo may be made as part of the Judgment and
Decree to be passed in the above case.
Dated this the 20th day of February, 2025.
AppELLANfl=DENT
CRFANA K.S.
DAS.
nt/Respondent)
I St RESPoNDENT/I St PETITIONER
(Represented by his Power of Attorney Holder)
MDHAHHED ^NEES #(#feAppelJ
2nd RESPONDENT/2nd PETITIONER S#fyi.LfchN!`Ll.
N.H. ABPuL £AIIIHAN
3rd RESPONDENT/3rd pET|T|oNER F=ffEEagL`
FrmiiVA
t§`¥`. N\
P.A.ABDUL JABBAR
(Counsel for the Respondents/Petitioners)
