Citation : 2025 Latest Caselaw 1777 Ker
Judgement Date : 31 July, 2025
2025:KER:57165 TR.P(C) NOs. 96 & 203 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE K. NATARAJAN THURSDAY, THR 3157 pay oF JULY 2025 / 9TH SRAVANA, 1947 TR.P(C) NO. 203 OF 2025 AGAINST THE ORDER/JUDGMENT DATED IN OP (Money) NO.960 OF 2024 OF FAMILY COURT, PALA PETITIONER/S: 1 ANTONY JOSEPH VARGHESE AGED 31 YEARS S/O V.A.VARGHESE, 2455, VELUKARAN HOUSE, ST. VINCENT ROAD, ERNAKULAM NORTH FO, ERNAKULAM, PIN-682018, REPRESENTED BY HIS POWER OF ATTORNEY ALLY VARGHESE, AGED 57 YEARS, W/O. V.A.VARGHESE, 2455, VELUKARAN HOUSE, ST. VINCENT ROAD, ERNAKULAM NORTH PO, ERNAKULAM 2 V.A. VARGHESE AGED 69 YEARS S/O ANTONY, VELUKARAN HOUSE, ST. VINCENT ROAD, ERNAKULAM NORTH PO, ERNAKULAM, PIN - 682018 3 ALLY VARGHESE AGED 57 YEARS W/O. V.A.VARGHESE, 2455, VELUKARAN HOUSE, ST. VINCENT ROAD, ERNAKULAM NORTH PO, ERNAKULAM, PIN - 682018 BY ADVS. SRI .V.K,. BALACHANDRAN SMT .AMRUTHA P.S., RESPONDENT/S: SUMY MERIYA VARGHESE AGED 29 YEARS D/O VARGHESE P. ABRAHAM, PUNNEVALIL HOUSE, VAZHOOR PO., 2025: KER:57165 TR.P(C) NOs. 96 & 203 OF 2025 2 KOTTAYAM, PIN-686504, REPRESENTED BY HER FATHER, VARGHESE P,. ABRAHAM, PUNNEVALIL HOUSE, VAZHOOR PO., KOTTAYAM BY ADV SHRI.G.SREEKUMAR (CHELUR) THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.07.2025, ALONG WITH Tr.P(C).96/2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:57165 TR.P(C) NOs. 96 & 203 OF 2025 ' 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE K. NATARAJAN THURSDAY, THE 315T pay or guLY 2025 / 9TH SRAVANA, 1947 TR.P(C} NO. 96 OF 2025 AGAINST THE ORDER/JUDGMENT DATED IN OP NO.1221 OF 2024 OF FAMILY COURT ,ERNAKULAM ARISING OUT OF THE ORDER/JUDGMENT DATED IN OP (Money) NO.960 OF 2024 OF FAMILY COURT, PALA PETITIONER/S: SUMY MERTYA VARGHESE AGED 29 YEARS D/C VARGHESE P ABRAHAM, RESIDING AT PULLEVALIL HOUSE, VAZHOOR P O, KOTTAYAM DISTRICT, PIN - 686504 BY ADV SHRI.G.SREEKUMAR (CHELUR) RESPONDENT/S: 1 ANTONY JOSEPH VARGHESE AGED 30 YEARS S/O V A VARGHESE, VELUKARAN HOUSE, ST. VINCENT ROAD, ERNAKULAM NORTH P O, REP. BY HIS POWER OF ATTORNEY HOLDER, ALLY VARGHESE, AGED 57 YEARS, W/O. V.A. VARGHESE, 2455, VELUKARAN HOUSE, ST. VINCENT ROAD, ERNAKULAM NORTH P.O., ERNAKULAM, ERNAKULAM DISTRICT,, PIN - 682018 VARGHESE P ABRAHAM AGED 69 YEARS S/O ABRAHAM, RESIDING AT PUNNEPALLIL HOUSE, VAZHOOR P O, KOTTAYAM DISTRICT,, PIN - 686504 BY ADVS. SRI.V.K.BALACHANDRAN 2025:KER:57165 TR.P(C) NOs. 96 & 203 OF 2025 SMT.AMRUTHA P.S. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.07.2025, ALONG WITH Tr.P(C).203/2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TR.P(C} NOs. 96 & 203 OF 2025 5 ORDER
(Dated this the 31% day of July, 2025
These transfer petitions are filed by the respective parties. The matter was referred to the Mediation Centre.
2.Accordingly, a report has been issued by the Mediation Centre of the High Court of Kerala, and the matter has been settled between the parties.
3.As per the gist of the terms of settlement, both parties have agreed to file a joint divorce petition before the Family Court, Pala, and they also agreed to exchange the gold and other materials stated in the settlement report.
4.In view of the settlement, both transfer petitions are disposed of, as settled between the parties. The parties are at liberty to approach the concerned Family Court for a remedy by filing a joint petition for the relief.
The terms and conditions of the memorandum of
2025:KER:57165 TR.P(C) NOs. 96 & 203 OF 2025
settlement shall form part of these petitions and are also
permitted to take copies and produce before the Family court.
Sd/-
K. NATARAJAN JUDGE
SJ
2025: KER:57165 TR.P(C) NOs. 96 & 203 OF 2025
APPENDIX OF TR.P(C) 96/2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF I A NO 3 OF 24 IN O P NO 1221 oF 24 ON THE FILE OF THE FAMILY COURT, ERNAKULAM FILED DATED 29.6.24
Annexure 2 TRUE COPY OF THE O P (MONEY) NO 960 OF 24 FILED BEFORE THE FAMILY COURT, PALA FILED DATED 23.12.24
2025: KER:57165 TR.P(C) NOs. 96 & 203 OF 2025
APPENDIX OF TR.P(C) 203/2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE O.P. NO,.1221/2024 ON THE FILE OF FAMILY COURT, ERNAKULAM Annexure 2 TRUE COPY OF FORM 8 NOTICE IN 0O.P. (MONEY)
NO.960/2024 ON THE FILE OF FAMILY COURT, PALA SERVED ON THE 2ND PETITIONER Annexure 3 TRUE COPY OF FORM 8 NOTICE IN O.P. (MONEY)
NO.960/2024 ON THE FILE OF FAMILY COURT, PALA SERVED ON THE 3RD PETITIONER
Annexure 4 TRUE COPY OF THE SCREENSHOT OF THE PROFILE OF THE RESPONDENT IN THE LINKEDIN
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BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM
Antony Joseph Varghese & Others : Petitioners Vs. Sumy Meriya Varghese : Respondent
Sumy Meriya Varghese : Petitioner Vs. Antony Joseph Varghese & Anr. : Respondent
PORT SUBMI D BY MEDIATO Mediated, matter is settled.
Terms and conditions are attached herewith.
Dated this the 14th day of July, 2025.
yy. Se Ady. Chandralekha M.
' Mediator 4 High Court Mediation Centre
:
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT
ERNAKULAM TR.P(c) No, 203 of 2025 Antony Joseph Varghese & Others : Petitioners Sumy Meriya Varghese a Respondent
Sumy Meriya Varghese : Petitioner Antony Joseph Varghese & Anr. " Respondent VIORANDUM OF AGREEN ER SECTION 89 OF THE CODE OF C PROCEDURE READ WITH RULES 24 & 25 OF THE CRIMINAL PROCEDURE TE. DISP SOLUTION), RULES, 2008 |
The 1* Petitioner Antony Joseph Varghese in Tr.P(c) No.203/2025, the respondent Suny / Meriya Varghese agree to settle the entire dispute between them in their matrimonial life and
also involved in the above Tr.P(c)'s on the following terms and conditions,
1.The Petitioner Antony Joseph Varghese and his parents agree to retum to the Respondent Sumy Meriya Varghese 25.21 sovereign of gold ornaments mentioned in schedule 1, and all Certificates mentioned im schedule 2 in O.P.€Money} No.960/2024 pending before the Family Court, Pala including Voters ID, Driving Licence, Pan Card, Luggage Bag with clothing within 2 weeks of the receipt of the judgment passed by this Hon'ble Court recording the settlement as part of the judgment.
Le Petitioners
1.Antony Joseph Varghese 2.V.A. Varghese 3. sh Varghese ° Respondent- Sumy Meriya Varghese » Wr
Petitioner- Sumy Meriya Varghese,
pe Respondents
1.Antony Joseph Varghese 2. Varghese P.Abraham
The Petitioner and his parents have also agreed to return Rs.1,00,000/- (Rupees One lakh only) to the Respondent. The Respondent has agreed to retun the Dimond Ring given to her at the time of engagement by the Petitioner and also the Thali. The Petitioner shall inform the date and time of handing over the items listed in schedule 1 and 2 except item No.8 Vanity Bag shown in the schedule 2 in OP(Money) 960/2024 pending before the Family Court, Pala.The veune of handing over the articles will be at Ernakulam.
2.The Respondent agree to withdraw OP(Money) 960/2024 pending before Family Court, Pala filed for return of gold ornaments, money and other documetns shown in schedule 1 & 2 within
2 weeks of the receipt of the above mentioned valuables from the Petitioner and his.parents.
3.The 1* Petitioner and Respondent agree to file a joint petition for divorce under Sec.10A of the Indian Divorce Act within 2 weeks of the receipt of the judgment of this Hon'ble Court before the Family Court, Pala. Lap Top HP mentioned in schedule 2 in O.P.No.960/2024 will be returned to'the Respondent after she tendered evidence in the joint petition for divorce.
4.It is also agreed that the Petitioner will withdraw OP.No.1221/2024 filed by him before the Family Court, Emakulam after the Respondent tendered her evidence in the joint petition for
divorce,
5.The parties agreed that they will not have any further claim against each other and have agreed to file joint mutual divorce petition on their own account uninfluenced by the any one
else as their marriage relationship is irretrievably broken down and there is no chance for
reunion.
Pfc) No.203 of 20:
Petitioners
1.Antony Joseph Varghese 2.V.A.Varghese 7 3. Van Varghese
Respondent- Sumy Meriya Varese | ye TR.Pfc} No.96 of 2025 'a Petitioner- Sumy Meriya Varghese.
Je Respondents
1.Antony Joseph Varghese aa P. Abraham
6. This compromise. is full and final settlement of all their claimsgéach other and no further claim will be made hereafter. The Respondent has agreed,not to raise any claim for maintenance against the Petitioner in future. é "* sT
7. In default of performance of the above settlement, the defaulting party will be liable to preceded in terms of the agreement and defaulting party shall be liable to pay the costs and consequences there own and the other party will be entitled to get the terms of the agreement
executed.
Dated this the 14th day of July, 2025.
pe Petitioners %
1.Antony Joseph Varghese 2.V.A.Varghese 3.Ally fo .
Respondent- Sumy Meriya vente WP"
Petitioner- Sumy Meriya Varghese.
peo Respondents
1. Antony Joseph Varghese 2. Varghese P.Abraham ee" . 4 wa 'r aa" ~ Sel for the Petitioners in TR.P(c) No.203 of 2025 & . kK 2o7l(8F Respondents in TR.P(c) No.96 of 2025 ae
ans ia. FHMC Move very
---
VN. eal Ga
for the Respondent in TR.P(c) No.203 of 2025 & rp DO De rea DRG
Petitioner in TR.P(c) No. 56 of 2025
&
#. g a A ed a
VERIFICATION
We, the parties above named, do hereby solemnly state and declare that what is contained in paragraphs 1 to 7 are true to the best'of our knowledge, information and belief.
i y " Petitioners y=
1.Antony Joseph Varghese 2.V.A. Varghese 3.Ally Varghese
Respondent- Sumy Meriya Varghese ite
Petitioner- Sumy Meriya Varghese. pie
# Respondents
1.Antony Joseph Varghese 2.NVarghese P.Abraham
This settlement agreement is authenticated by me.
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