Kerala High Court
Sunilkumar K vs Sajitha T.V on 3 June, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
2025:KER:39002
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
TUESDAY, THE 3RD DAY OF JUNE 2025 / 13TH JYAISHTA, 1947
MAT.APPEAL NO. 334 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 04.09.2024 IN OP NO.467 OF 2020
OF FAMILY COURT, KANNUR
APPELLANT/RESPONDNET:
SUNILKUMAR K.
AGED 49 YEARS
S/O RAGHAVA PODUVAL,RESIDING AT SRI SAIDEEP, PATHWAY ROAD,
UPPALA VILLAGE AND MANJESWAR TALUK, P.O.UPPALA, KASARAGOD
-, PIN - 671322
BY ADVS.
SRI.MAHESH V RAMAKRISHNAN
SHRI.PRAVEEN K.S.
SHRI.ALPHIN VARGHESE
RESPONDENT/PETITIONER:
1 SAJITHA T.V.
D/O K.P.PADMANABHAN NAMBIAR, AGED 45 YEARS, RESIDING AT
KODAKKAL HOUSE, KOKKOD, P.O.CHALAKKOD, VIA PAYYANUR,
KOROM VILLAGE, PAYYANUR TALUK, KANNUR -,
PIN - 673522
2 HARIDEV T.V.
AGED 16 YEARS (MINOR) REPRESENTED BY HIS NEXT FRIEND,
MOTHER: SAJITHA T.V., D/O K.P.PADMANABHAN NAMBIAR, RESIDING
AT KODAKKAL HOUSE, KOKKOD, P.O.CHALAKKOD, VIA PAYYANUR,
KOROM VILLAGE, PAYYANUR TALUK, KANNUR -,
PIN - 673522
BY ADVS.
SHRI.C.MURALIKRISHNAN (PAYYANUR)
SHRI.V.ROHITH
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON
03.06.2025, ALONG WITH MAT.APPEAL.NO.13 OF 2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
Mat.Appeal.Nos. 334/2025 & 13/2025
2
2025:KER:39002
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
TUESDAY, THE 3RD DAY OF JUNE 2025 / 13TH JYAISHTA, 1947
MAT.APPEAL NO. 13 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 04.09.2024 IN OP NO.1138
OF 2021 OF FAMILY COURT, KANNUR
APPELLANT/PETITIONER:
SUNILKUMAR K
AGED 49 YEARS
S/O RAGHAVA PODUVAL, RESIDING AT SRI SAIDEEP, PATHWAY
ROAD, UPPALA VILLAGE AND MANJESWAR TALUK, P.O.UPPALA,
KASARAGOD -, PIN - 671322
BY ADVS.
SRI.MAHESH V RAMAKRISHNAN
SHRI.PRAVEEN K.S.
RESPONDENT/RESPONDENT:
SAJITHA T.V
D/O K.P.PADMANABHAN NAMBIAR, AGED 45 YEARS,
RESIDING AT KODAKKAL HOUSE, KOKKOD, P.O.CHALAKKOD,
VIA PAYYANUR, KOROM VILLAGE, PAYYANUR TALUK,
KANNUR -, PIN - 673522
BY ADV SHRI.C.MURALIKRISHNAN (PAYYANUR)
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
03.06.2025, ALONG WITH MAT.APPEAL.NO.334 OF 2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
Mat.Appeal.Nos. 334/2025 & 13/2025
3
2025:KER:39002
DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ.
-------------------------------------------
Mat.Appeal Nos.334 of 2025 & 13 of 2025
-------------------------------------------
Dated this the 3rd June, 2025
JUDGMENT
M.B.Snehalatha, J
When these appeals came up for hearing today, 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 by the parties, the
Mat. Appeal Nos.334/2025 and 13 of 2025 are disposed of as
follows:
a) In full and final settlement of the claims
of the respondents, appellant shall pay an amount
Mat.Appeal.Nos. 334/2025 & 13/2025
2025:KER:39002
of ₹15 lakhs to the respondent/Sajitha T.V by way
of three instalments of which ₹5 lakhs shall be
paid to the 1st respondent on or before 10.5.2025
and the next instalment of ₹5 lakhs shall be paid
to the 1st respondent on or before 10.7.2025. The
amount shall be paid to her by RTGS to her
account mentioned in the memorandum of
agreement. The balance amount of ₹5 lakhs shall
be deposited in the name of 2nd respondent /
Haridev T.K on or before 10.10.2025 and the
payment is to be made by way of RTGS to his SB
Account mentioned in the memorandum of
agreement.
b) In case of default in payment of the
amount the entire payment as per the impugned
judgment will have to be paid by the appellant.
(c) The respondents in Mat.Appeal and
RP(FC).No.121/2025 shall withdraw E.P.No.6/2025
and C.M.P No.27/2025 pending before the Family
Court, Kannur, as agreed to in Clause (2) of the
memorandum of agreement.
(d) In view of the settlement arrived at by
the parties the judgment and decree in
OP.No.1138/2021 of Family Court, Kannur stands
set aside and parties shall file a joint petition
seeking divorce under Section 13B of the Hindu
Marriage Act before the Family Court, Kannur as
Mat.Appeal.Nos. 334/2025 & 13/2025
2025:KER:39002
agreed to in Clause (3) of the memorandum of
agreement.
Both 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
ab
BGFonETf+E I+®»ounABLE I+r6i+ CouFtT oF KERALA- AT ERRAi€uLAA4>
Mat.Acoeal Mos.13/2025. 334/2025 & RP(FC) No.121/2025
Sunilkumar K : Appellant/Petitioner in RP(FC)
Vs.
Sajitha T.V'& Hafidev T.V : RespondentrRespondents 1 & 2
MEMORANDUM OF AGREEWERT UNDER SECTION e9 OF THE CODE OF civth
pRocEDURE READ WITH RULEs 24 & 25 oF "E clvlL pRocEDufRE (At=rERNATlvE
DISPuTE RESOLUTION),RULES, 2008=
The parties agree to settle the matter involved in the above Mat Appeal on the
following terms, at conditions.
1. It is agreed by both parties that the above appeals and the RP(FC) arises
from the common judgment dated 04/09#024 of the Family Court, Kannur in
OP No.1138/2021, OP No,467/2020 and MC No.149/2020 respectively. It is also
agreed by both parties that OP No.1138/2021 seeking divorce was dismissed
and OP No.467/2020 filed for past maintenance and return of gold ornaments
was decreed only partly granting past maintenance and treatment expense to
the Son Haridev who is the 2nd respondent in OP No.467#020 and in
MC No.149/2020 which is allowed.
MatAB art hFe,13 Of20£5
Appe'Iant Respondent
Sunilkumar K fir Sajitha T.V fry/
t ADpeal «®.334 ®f 2 P{fc) Ate.121/ZO=
Appellant Respondei)ts
Sunilkumar K 1. Sajitha T,V giv
iieHpa£`Semvo|.hve{r%!anj?trh)a#
2. The parties have now resolved to settle the issue in dispute` over the above
three matters by the appellant/petitioner in RP(FC) namely Sunilkumar K
agreeing to pay a consori'dated amount of Rs.15,00,000/-(Rupees Fifteen lakhs
only) in total to the respondents, which is by three installments of Rs.5,00,000/-
(Rupees Five lakhs only) to the lst respondent/wife by 10/05/2025 and
Rs.5,00,000/-(Rupees Five lakhs only) to the lst respondent/wife by 10/07/2025
and balance Rs`5.00.000/- (Rupees Five lakhs only) to be deposited in the
name of the 2nd respondent/son Haridev T.K in his Account by 10/10/2025. The
payments to the wife Sajitha T.V is agreed to be made by RTGS to her
SB Account No.110182366726 of the Canara Bank, Payyanur Branch with lFSC :
CNR80014202. The payment to the son is agreed to be made by RTGS to his
SB Account No.67341688966, lFSC : SBIN0070259 of the State Bank of India,
Payyanur Branch. The respondents in Mat Appeal No.334/2025 and RP(FC)
No.121/2025 shall withdraw EP No.6/2025 and the CMP No.27/2025 pending
before the Family court, Kannur, forthwith.
3. The parties also agree that they can file Mutual Divorce Petition u/s 13 a of
the Hindu Marriages Act 1955 before the Family Court, Kannur after 10/05/2025
so that the entire payments can be effected before the 6 months period bf
passing of the decree in the divoilce petition. In case of default of payment the
entire payment as per the impugned judgment will have to be paid and the
impugned judgment can be received. Once payment is effected as agreed to
heiiein, this settlement being implemented, it will be in full and final settlement
of all amounts due between the parties and no further claim can be raised
against each other in the matter of the above two appeals and RP(FC).
Mat ADi]eal I\Io.13 of 2025
Ap pel lant Respo n de nt
Sunilkumar K G? Sajitha T.V €ty'
Appellant Respondents
Sunilkumar K 1. sajithaT.v ey
2, Haridev T.V (minor) giv
(Rep by mother/Sajitha T.V)
Hence this Hon'ble Court may be pleased to record this settlement
agreement as part of this Hon'ble Court's Judgment in the above Mat Appeal
in the interest of Justice.
Dated this the 9th day Of April, 2025.
Appellant Respondent
SurriFkumar K 5P sajithaT.v ay
Mat .334 of 202 P(FC) No.121/2025
Appellant Respondents
Sunjlkumar K 5j2. 1. sajjtha T.v ay.
2, Haridev T.V (minor) 8y
(Rep by mother/Sajitha T.V)
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The above Settlement A.greement is authenticated
Adv. Zohra M.A (Mediator}
