Kerala High Court
Dr. Aswin Mathew vs Dr. Teenu Mary John on 4 June, 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 4TH DAY OF JUNE 2025 / 14TH JYAISHTA, 1947
MAT.APPEAL NO. 120 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 23.11.2024 IN OP NO.362 OF 2021
OF FAMILY COURT, THIRUVALLA
APPELLANT/RESPONDENT:
DR. ASWIN MATHEW
AGED 30 YEARS
S/O SHAJI MATHEW KADAVIL, KADAVIL HOUSE, MANJADI P.O.,
THIRUVALLA, PATHANAMTHITTA, PIN - 689105
BY ADVS.
SHRI.R.SANJITH
SMT.C.S.SINDHU KRISHNAH
SHRI.ALEX JOHN PULIMOOD
RESPONDENT/PETITIONER:
DR. TEENU MARY JOHN
AGED 36 YEARS
D/O SAJINI JOHN, MELOOTTU HOUSE, PULAMON P.O., KOTTARAKKARA,
PIN - 691531
BY ADVS.
SRI.S.S.ARAVIND
SHRI.TINU ABRAHAM
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 04.06.2025,
ALONG WITH Mat.Appeal.119/2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Mat.Appeal.Nos.119 & 120 of 2025
2
2025:KER:39348
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
WEDNESDAY, THE 4TH DAY OF JUNE 2025 / 14TH JYAISHTA, 1947
MAT.APPEAL NO. 119 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 23.11.2024 IN OP NO.405 OF
2021 OF FAMILY COURT, THIRUVALLA
APPELLANT/PETITIONER:
DR. ASWIN MATHEW
AGED 35 YEARS
S/O SHAJI MATHEW KADAVIL, KADAVIL HOUSE, MANJADI P.O.,
THIRUVALLA, PATHANAMTHITTA, PIN - 689105
BY ADVS.
SHRI.R.SANJITH
SMT.C.S.SINDHU KRISHNAH
SHRI.ALEX JOHN PULIMOOD
RESPONDENT/RESPONDENT:
DR. TEENU MARY JOHN
AGED 34 YEARS
D/O JOHN JOSEPH, MELOOTTU HOUSE, PULAMON P.O.,
KOTTARAKKARA, PIN - 691531
BY ADVS.
SRI.S.S.ARAVIND
SHRI.TINU ABRAHAM
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
04.06.2025, ALONG WITH Mat.Appeal.120/2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Mat.Appeal.Nos.119 & 120 of 2025
3
2025:KER:39348
DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ.
-------------------------------------------
Mat.Appeal Nos.119 & 120 of 2025
-------------------------------------------
Dated this the 4th day of June, 2025
JUDGMENT
M.B.Snehalatha, J
When these appeals came up for hearing today, the learned
counsel appearing for both sides submitted that all the disputes
between the parties have been settled in the mediation held under
the aegis of Ernakulam Mediation Centre and a memorandum of
settlement has been filed before this Court.
2. We have examined the memorandum of settlement, and we
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 by the parties, the
Mat.Appeal.Nos.119/2025 and 120/2025 are disposed of as follows.
i) The impugned judgment and decree of Family Court
Thiruvalla in OP.Nos.362/2021 and 405/2021 stand set aside. The
parties shall file a joint petition seeking divorce by mutual consent
under Section 10 A of Indian Divorce Act on or before 15.06.2025 as
Mat.Appeal.Nos.119 & 120 of 2025
2025:KER:39348
agreed to in clause (2) of the memorandum of agreement
ii) The appellant shall pay an amount of Rs.32,85,000/- to the
respondent herein in full and final settlement of all her claims
towards compensation and the amount gifted at the time of marriage
and she has no further claim towards past, present and future
maintenance. The said amount shall be given on the date of taking
final deposition in mutual Divorce OP, as agreed to in clause (3) of
the memorandum of agreement.
iii) The appellant shall pay an amount of Rs.35,000/- towards
the value of fridge gifted at the time of marriage as agreed to in
clause (3) of the memorandum of agreement.
iv) The appellant shall hand over the Fixed Deposit Receipt of
Rs.5,00,000/- which is deposited by the respondent's father in the
name of respondent at Union Bank (old Corporation Bank) on the
date of giving final deposition in mutual Divorce OP, as agreed to in
clause (4) of the memorandum of agreement.
v) It is recorded that the parties herein have checked and
confirmed the gold ornaments of the respondent herein kept in the
joint locker at South Indian Bank, Thiruvalla Branch on 14.05.2025,
the details of which are given in the terms of settlement filed before
Mat.Appeal.Nos.119 & 120 of 2025
2025:KER:39348
this Court and respondent is entitled to take all the gold ornaments
kept in the said locker and appellant further agrees to relinquish his
rights over the locker enabling the respondent to use it and the
money deposited for locker can be withdrawn by the respondent as
agreed to in clause (6) of the memorandum of agreement.
vi) The appellant shall return one gold bangle of 11.6 gms
weight which is given to his mother at the time of marriage by
respondent and it shall be returned on the date of giving final
deposition in mutual petition for divorce as agreed to in clause (7) of
the memorandum of agreement.
The parties are directed to act implicitly in terms of the
memorandum of agreement, which do form part of the judgment.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B.SNEHALATHA
JUDGE
Mms
BEFOF`E THE HONOUF`ABLE HIGH COURT OF KERALA AT ERNAKULAM
Dr.A6win Mathew Appellant
Dr.Teenu Mary John Respondent
FLEPORT Sl HE MEDIATOR
ADV.K.M.MUHAMMED YUSUFF
Mediated, matter is settled.
Terms and conditions are attached herewith.
Dated thEs the 24th day of May, 2025.
Adv. K.M,ndhammed Yusuff
Mediator
Ernakulam Mediation Centre
BEFORE THE HONOURABLE HIGH COURT OF I(ERALA AT ERNAKULAM
Dr.Aswin Mathew Appellant
Dr.Teenu Mary John Respondent
MEMORANDUM OF AGREEMENT UNDER SECTION 89 0F THE CODE OF
CIVIL PROCEDURE READ WITH RULES 24 a 25 0F THE CIVIL
PROCEDURE {AL:TERNATIVE DISPuTE RESOLUTION),F`uLES, 2008:
The Appellant and respondent are legally wedded couple, whose
marriage was solemnised as per Christian religious rites and customs on
12/05#019 at St.George Orthodox Church, Paliakkara, Thiruvalla.
Whereas relationship of the parties hereto had got strained and living
separately since 01/01/2021 and
Whereas the parties deserve to establish and define their respective
rights and obligations by means of this Memorandum of settlement and a
petition for mutual divorce to be filed before the Family Court, Thiruvalla to
bring this agreement into effect.
Now in consideration of the promises and undertaking contained
herein, it is hereby agreed as follows:-
1. The parties have come to the settlement with free consent and without
being influenced by fraud, coercion or undue influence.
AppehawEL Respondent 9fr
Dr.Aswin Mathew Dr.Teenu Mary John
EE
2. The parties are not willing to live together and thereforie they have
mutually agreed that their marriage should be dissolved on mutual consent
and a petition is to be filed u/s 10 A of Indian Divorce Act on or before
15/06„025.
3. All the claims and disputes between the parties are fully settled for a
total amount of Rs.32,85,000/- (Rupees Thirty two lakhs eight five thousand
only) to be paid by the appellant herein to the respondent herein towards
compensation and amount gifted at the time of marriage and Rs.35,000/-
(Rupees Thirty five thousand only) towards the value of fridge gifted at the
time of marriage whicli will be given on the date of taking final deposition in
mutual Divorce OP.
4. The Appellant herein further agrees that he will handover the Fixed
Deposit Receipt of Rs.5,00,000/-(Rupees Five lakhs only) which is deposited
by the respondent's father in the name of respondent at Union Bank (old
Corporation Bank) on the date of giving final deposition in mutual Divorce
OP.
5, The parties herein have checked and confirmed the gold ornaments of
the respondent herein kept in the joint locker at South Indian Bank,
Thiruvalla Branch on 14/05/2025, the details of which are given below:-
AppehaMdr RIespondent fry
Dr.Aswin Mathew Dr.Teenu Mary John
Sl.N®, I.rtlculers Grams Wlth
1. Show Cha]n Broad 83.59 hiker
2 Show slngle small necklace with red stone 27.520 her
.3 Small slngle chaln 16.150 Locker
4 Small chaln wlth one soverelgn locket 23.8 utter
5 Lock chain With Ctoss 43.2 LJ)¢teF
6 Lack chaln with clt)ss 27.490 Locker
7 Bangle plriyan 1) 9.702)10.00 Locker
8 Bangle with whlte gold design i) 11.4802)11.6103)11.goo4)11.540 Locker
9 Broad bangle 1) 24.00 Lacier
zlg zao desl9n 2) 24.00
10 Broad bangle 22.GOO LJ'Cker
11 Rlnos 1) 1.702)4.00 L®cker
12 Earings with whlte stone e.670 LJ,Cker
13 RIng wlth white stone 2.700 Wlth Teenu's possesslon
14 wedding ring 7.90 With teenu's possession
|S Mlnnu chaJn with mlnnu 21.520 Wlth Teenu's pessesslon
16 two bangle curve deslgn exchanged to one 20.690 Wltli teenu's possesslon
tonole
17 One bangle 11.680 With Aswln's mother
D::::ELewEL Drm::::oMnad;::hnjdr
6 The parties herein agree that on the date of giving deposition before the
Family Court, Thiruvalla in the mutual divorce petition, both appellant and
iiespondent shall go to the Bank and respondent can take all the gold ornaments
kept in the locker and appellant further agrees to relinquish his rights over the
locker enabling the riespondent to use it and the money deposited for locker can be
withdrawn by the riespondent.
7. The appellant agrees to return one gold bangle of 11.6 gins weight which is
given to his mother at the time of marriage by respondent. The same also shall be
returned on the date of giving final deposition in mutual petition for divorce.
8. The respondent hereby agrees that having agreed to receive Rs.32,85,OOO/-
(Rupees Thirty two lakhs eight five thousand only) towards compensation from the
appellant, respondent agreed that she shall not have any further claim toward past,
present and future maintenance.
9. In pursuance of the settlement arrived at between the parties hereto both
agree that under any/no circumstances either party or any one on their behalf shall
resoit to any further litigation regarding this matrimonial tie.
10, ln the event of non performing the part of obligation as agreed at between
the parties hereto, the other party is entitled to proceed against the defaulting party
in accordance with law.
Dated this the 24th day of May, 2025.
Mtr F`espondent
Dr.Teenu Mary lJfr
fa.pr.QA ~ S.S. A`R;.P!_N^D
qalD\aooq
±TilfD'j'?aon:3
Counsel for the App Counsel for t e Respondent
Thissettlement::::;Thean:::dut*esn£C:::a(:yedTae:fr~
