Kerala High Court
Jeethu Vijayan vs Aswathy C.P on 15 July, 2025
MAT.ANO. 332 0F 2025 2025 : KER: 52231
IN THE HIGH Count oF RERALA AT ERNARIrLae4
PRESET
THE HONouRABRE in. JUsTlcE DEVAN RA)mcHANDnAN
a
THE HONOuRABRE ins. ]usTlcRE M.B. SNEHALATHA
TUESDAY, THE 15" DAY OF JULY 2025 / 24TH ASHADHA, 1947
MAT.APPEZLII NO.
_ ____ ________ ______ __I______ _ _I _ 332 0F 2025
T=__I_I_____ =_____ ___I__I__I___==_ _ _ ,
AGAINST THE JUDGRENT DATED 30.11.2024 IN OP NO.544 0F
2020 0F FAMIIiY COURT, MtJVATTUPUZHA
APPEI,InNT/PETITIONER:
JEETHU VIJAEN, AGED 39 YEARS
s/O vlBfiyAN, sREEvllAs HOusE, imRIAppALI.I KARA,
nmRIAppAI,LI p.o. , NATTAKAM vll,IAGE,
KOTTAYAM TAIIUK, KOTTAYAM, PIN - 686013
BY ADV SRI.IATHRESH SEBASTIAN
REspcneRT/REspcaroENT
AsimTHy c.p. , AGED 35 yEARs
D/o CEIANDRASEKHARZIN, THAKARAKaND H114 HOusE ,
THAIKKARACHIRzi BHAeoM, REEZHII,IAM p.o. ,
RArAMANGALm4 vll,IncE , KUNRATHUNAD TELUK ,
EENAKULm¢ DlsTRlcT, plN - 683541
BY ADVS.
SRI . R . pRADEEp RI7mR
SHRI . U . BAILAGANGADHARZDg
sin. INAMIIHA GEORGE
THls mTRIMONIAL zppEAI. HAVING corm up FOR HEARING ON
15.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING :
MAT.ANO. 332 0F 2025 2025 : KER: 52231
DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ.
-----I--------------I-----------I------I---
Mat.Appeal No.332 of 2025
------------------------I----I-------------
Dated this the 15th July, 2025
JUDGMENT
M.B.Snehalatha, J
When this appeal came up for hearing today, the learned
counsel appearing for both sides submitted that the dispute
between the parties has been settled in the mediation held under
the aegis of Mediation Centre, Ernakulam and a memorandum of
agreement has been filed before this Court.
2. 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.
3. In view of the settlement arrived at between the
parties, Mat. Appeal No.332/2025 is disposed of in terms of the
settlement arrived at by the parties,
MAT.ANO. 332 0F 2025 2025 : KER: 52231
4. The parties are directed to act implicitly in terms of the
memorandum of agreement and shall comply all the terms
therein, which do form part of this judgment.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B.SNEHALATHA
JUDGE
ab
BEFOFtE THE HON'BLE HIGH COUFtT OF KEFRALA AT EFtNAKULAM
Jeethu Vijayan : Appellant
Aswathy c p : Respondent
MEMORANDUM OF AGREEMENT FILED uNDEFt RULE 24 0F CIVIL
The parties above named submit as follows:
The aforesaid case has been referred to Adv. P.T. Girijan, Accredited Mediator of
Kerala High Court Mediation and Conciliation Centre for resolving the disputes
between the parties, the parties herein have resolved all their disputes in the course
of mediation on the following mutually agreed terms and conditions : -
1. That the appellant/Jeethu Vljayan and respondenvAshwathi C have agreed
that they do not want to continue their marital relationship and have agreed to
file a joint petition for divorce under Section 13 (b) of the Hindu Marriage Act
before this Hon'ble Court. The copy of the said petition is herewith produced
and marked as Annexure No.1 lf the present petition has not been accepted
by this Hon'ble Court, the joint petition will be filed before the Family Court,
Muvattupuzha through the power of attorney of the appellant and the
+J respondent herself together on or before 07.08.2025.
2. The appellant agreed to pay monthly maintenance of Rs.22,500/-
(Rupees Twenty-Th^ro Thousand and Five Hundred only) to the child viz.
Suchitra Jeethu born in the wedlock from 01.08.2025 onwards, which is to be
deposited in the bank account of the respondent. The respondent can
receive the maintenance amount for the child on or before loth of every
month, in the Account No.110224915760, lFSC-CNR80014358, Canara
BanK, Chi avanam Branch, Kottayam.
As##&b,
ppellant Respondent
3. An amount of Rs.3,51,000/-, (Rupees Three Lakh Fifty-One Thousand only)
being the monthly maintenance amount of Suchitra Jeethu is in arrears upto
31.07.2025 on the basis of the common judgment of Family Court,
Muvattupuzha. The appellant agreed to pay the said amount on or before
07.08.2025 by transfer of the amount in the account of the respondent in the
Account No.20314243961 (08633)-Thirunakkara, Phoenix Towers, opp.Pvt
Bus Stand, Thirunakkara, Kottayam Pin-686001, lFSC-SBIN0008633.
4. An amount of Rs.2,23,000/-(Rupees Two Lakhs Twenty-Three Thousand
only) being the monthly maintenance amount of respondent is in arrears up
to 31.07.2025 on the basis of the common judgment of Family Court,
Muvatupuzha. The appellant agreed to pay the said amount on or before
07.08.2025 by transfer of the amount in the account of the respondent in the
Account No.20314243961 (08633)-Thirunakkara, Phoenix Towers, opp.Pvt
Bus Stand, Thirunakkara, Kottayam Pin-686001, lFSC-SBIN0008633.
5. There is a decree in O.P No.916/2019 of Family Court, Muvatupuzha for
return of 22 1/2 sovereigns of gold ornaments to the respondent by the
appellant. In modification of the said decree, the appellant and respondent
agreed to satisfy the said decree on receipt of Rs.15,00,000/-
(Rupees Fifteen Lakh only). The appellant agreed to return that amount on
or before 07.08.2025 by transfer of the amount in the account of the
respondent in the Account No.20314243961 (08633)-Thirunakkara, Phoenix
Towers, opp.Pvt Bus Stand, Thirunakkara, Kottayam Pin-686001,
IFSC-SBIN0008633.
6. The appellant agreed to transfer 3.13 Ares of property situated in resurvey
No.550/6/3 of Nautakam Village purchased vide Sale Deed No.1612/2017 of
Kottayam SRO in the name of the respondent. The respondent has to bear
the expenses for registration. The required document will be executed in the
name of the respondent by the appellant on or before 30.08.2025. The
documents required for registration of the property shall be handed over to
the t by the appellant on or before 30/07/2025.
=ethu Vjjayan
NI#\&r
Aswathy C P
ppellant Respondent
7. The appellant will make arrangements for issuance of dependent card and
Central Store Department (CSD) card available to the persons working in the
defense in the name of the child viz. Suchitra Jeethu.
8. The permanent custody of the child born in the wedlock viz. Suchitra Jeethu
is given to the respondent.
9. The respondent will permit the appellant to make video calls with the child
viz.Suchitra Jeethu every Sunday between 9 AM and 10 AM for half an hour
without the interference of the respondent.
10. When the appellant is on leave and available in Kerala, the appellant has to
inform about the availability in advance by one week in writing through
registered post or any other acceptable communication between parties, the
respondent will hand over the interim custody of the child to the appellant on
Saturdays (except 2nd Saturday) between 10 AM to 4 PM at Family Court,
Muvattupuzha premises. In the event of any practical difficulty in handing
over the child on a particular Saturday, the same shall be intimated to the
appellant in writing and shall arrange the meeting with the child on the
nearest available Saturday.
11, On the basis of the progress of interaction of the appellant and the child, the
venue, time and duration can be modified mutually by the parties to their
convenience.
12. The parties agreed that they will not raise any further claims against each
other with regard to the subject matter of the above cases.
13. Both parties shall provide the details of permanent residential address,
Office address and address for communication as and when there is a
change in writing to the other party.
14. The respondent shall also take the child outside Kerala or Abroad for
employment or other Bonafide reasons. The same details shall be
pr*1,d¢
Aswathy C P
Respondent
15. The respondent being the natural guardian and custodial parent of the minor
daughter, is entitled to act independently in all matters concerning the child
where the law does not require the consent of both parents, including but not
limited to change of name, School admissions, medical decisions, application
for Passport etc. However, in cases where the law specifically mandates the
consent of both parents, the appellant shall extend full co-operation and
provide his consent without delay, in the best interest and welfare of the child.
16. Sri.Venugopal, Smrithi, CRAM-47, Peroorkada, Thiruvananthapuram, Phone
No,9747968266 will act as a mutual person between the parties for
communication,
17. The Official Address of the appellant is MES, Kasauli, Himachal Pradesh,
Mob:-8590096648.
18. If any of the parties fails to comply with any of the above said
conditions/terms, the other party can get it enforced as per law against the
defaulting party.
19. The pending cases filed by both parties shall be withdrawn upon compliance
of the above terms and conditions.
20. Proceedings u/s 13 8 of the Hindu Marriage Act, 1955 be initiated only after
the full and satisfactory compliance of the terms and conditions set forth in
the mediation agreement by both parties.
In view of the aforesaid agreement entered into between the parties, the parties
agree and urge this Hon'ble Court to decree the above cases in terms of the
settlement.
All the facts stated above are true and correct.
Dated this the 7th day of July 2025
Aswathy C. P.
Respondent
Counsel for the Respondent
±+ha C\dee5e
K|3aaj4(&c43
This agreement is authenticated
Adv.P.T.Girijan ::de:,aus
