Kerala High Court
Dr.Aswathi.P vs Nishanth.K.V on 4 November, 2025
202 5 : HER : 832 84
IN TEIE HIGH COURT OF RERALA AT E AKuliAM
PRESENT
THE HONouRABIE rm. JuSTlcE I)EVEN RznmcHENI)REN
&
THE HONOuRABLE ms. 4usTlcE M.B. SNEHAI,ATHA
TUESDAY, THE 4TH DAY OF NOVEl®ER 2025 / 13TH RARTHIRA, 1947
MAT.APPEAI. NO. 5110F 2025
AGAINST THE duDcaENT DATED 14.o2.2o23 IN op No.1oo2 oF 2olg
OF FAMIIiY COURT,KOZHIKODE
APPELENT :
DR . ASWATHI . P .
AGEI) 33 YEARS
I)/O.BAILAmlsHNEN , ``cIAITHANyAJJ , KINATTINKARA pARAiGu,
REI.LIKODE.P.O. , KOZHIKODE DISTRICT,
PIN - 673016
BY AI)VS .
SRI . V . R . SAS S IDHARAN
SRI.G.SANTHoSH KurmR (p) .
sbor . eoplKA RAnESH
RE SPONDENT /RES PONDENT :
NI SHANTH . K . V .
AGED 47 ¥Ems
s/o.HZREENDRZINATH.K.V NAKSHAH}RA HoUSE, B.G.RoaD, WEST
HILli, KOZHIKODE DISTRICT, PIN - 673005
BY ZDVS .
SI]RI . K . P . SUDHEER
§rm.ARUNDHATI NAIR
THls mTRIMONIAI. AppEAI, HAVING BEEN FINALI]y HEARD ON
04.11.2025, THE COURT ON THE SAlfl DAY DEI.IVERED THE FOIII.OWING:
Mat.Appeal.No.511 of 2025
2025 : KER: 83284
DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ.
I----------------------1~------------------
Mat.Appeal No.511/2025
--11---------I-----------I-----I-----------
Dated, this the 04th day of November, 2025
JUDGMENT
M.B.Snehalatha, J
When this appeal came up for hearing today, the
learned counsel appearing for both sides submitted t:hat the
disputes between the parties have been settled in the mediation
held under the aegis of Mediation Centre, Emakulam and a
memorandum of mediation settlement agreement has been filed
before this Court.
2. We have examined the memorandum of mediation
settlement agreement 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. Pursuant to the settlement arrived at by the parties,
appellant and respondent have filed a petition under Section 138
of the Hindu Marriage Act, 1955 for dissolution of their marriage
by mutual consent, wherein they have stated that they have
mutually agreed and decided for dissolution of marriage
Mat.Appeal.No.511 of2025
2 0 2 5 : KER : 8 32 8 4
voluntarily and there is no collusion, fraud or undue influence for
obtaining the consent for divorce.
4. Both parties have affirmed that the entire disput:es
between the parties have been settled in terms of the ].oint
petition filed by the parties.
5. We are convinced t:hat the marriage between the
spouses who are Hindus has been irretrievably broken down and
there is no possibility of reunion and divorce is the viable option
and all the attempts of reunion have been failed. We are also
convinced that the parties have voluntarily filed t:he petition
under Section 138 of the Hindu Marriage Act and there is no
collusion between the parties and this Court is satisfied that the
consent was not obtained t:hrough fraud or coercion.
6. We are of the view that this is a fit case to grant
divorce by mutual consent on the application filed under Section
13 a of the Hindu Marriage Act,
7. In view of the settlement, I.A.No.2/2025 filed under
Section 138 of the Hindu Marriage Act, is allowed and the
marriage between the appellant and the respondent is dissolved
by a decree of divorce by mut:ual consent under Section 13 a of
the Hindu Marriage Act, 1955 with effect from today.
2 025 : KER: 832 84
8. Mat.A No.511/2025 is disposed of as above recording
the terms of memorandum of settlement agreement.
9. The parties are directed to act implicitly in terms of
the memorandum of settlement agreement.
10. The memorandum of settlement agreement and
joint petition do form part of the judgment
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B.SNEHALATHA
JUDGE
Mms
/,
BEFORE TllE HON'BLE I+lGl+ COURT OF KERAIA AT ERNAKULAM
JELt_AODeal No.511 of 2Q2E
Dr. Aswathy P
: Appellant
Vs
Nishanth K.V
: Respondent
-...`';-:--.- _ ,...-.. ' ....-.. ' .' .. L
Both parties settled aH their disputes between them in mediation on the
following terms:-
1. The marriage bond between the Appellant Dr.Aswathy P and the
respondent Nishanth K.V have been irretrievably broken and file a petition
u/s 13 a of Hindu Marriage Act, 1955 for divorce by mutual consent.
2 Both parties have agreed to file the petition u/s 13 a of Hindt`?
Marriage Act,1955 before this Hon'ble court. J
3. The Appellant Dr. Aswathy P hereby by agree to pay the educational
expenses of the minor child Aaron Hareendra, presently aged 13 years
who is presently studying, Vlll std at Little Daffodils' School, West Hill
0 Kozhikode - 673 005. The appeHant further agree that she shaH pay the
required School fees directly to School Office and communicate the
r) payment to the respondent. After the completion of the studies in uttle
Daffodils' School, the appellant sha« continue to pay the educational fee
on getting information regarding School in which he studies within the
local ljmjts of Kozhjkode,
Responde
Nishanth K.V
4. The appellant also agree to deposit an amount of Rs.3,000/-
(Rupees Three thousand only) per month to an endowment scheme from
November, 2025 till the minor child Aaron Hareendra attains majority as
Dr. Aswathy P as nominee. On attaining the age of 18 yrs or getting
admission for higher studies, the said amount can be withdrawn by the
beneficiary, Aaron Hareendra. The Appellant undertake that she win
® tT:npa::etehdes ::,:dbfeu 'h:°nrd::eovw::ht:r:hwea:e°nfetfihc:a;ndA°awr:ne:tarsecehnedTae, a nd
5. In case of default if any, of the payment as agreed
above, the
n respondent or beneficiary, Aaron Hareendra can injti.ate suitable legal
remedy for the edressal of the grievance.
Dated this the 6th day of October, 2025.
Respondg
Aswat yp Nishanth K.V
fJ2=2,
Appellant Counsel for the Respondent
totlyllymftyy k-p. sul,\+cat
FT,J(dolt k=\l?6Ltl``-
The abo e Settlement Agreement is authenticated
Adv. Reziya P.A (Mediator)
BEFORE T E HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
I.A. No. 2- of 2025
In
Mat.AppealNo. 511of 2025
APPLl CANTS PPELLANT RESPONDE
1. Dr.Aswa hy.P, aged 33 years, D/o.Balakrishnan,
``Chaitha
ya'', Kinattinkara Parambu,
Nellikko e.P.O., Kozhikode District,
te -Pin 673 016
2. Nishanth K.V, aged 47 years, S/o.Hareendranath.K.V,
Nakshtra House, B.G.Road, West Hill,
Kerala St te -Pin 673 005
Vs
RESPONDENTS NIL
APPLICATl N FILED UNDER SECTION 138 OF THE HINDU MARRIAGE ACT.
1. The marr age in between the Applicants had been solemnized on 19-08-
2011 as p r the Hindu religious rites at Kasi Math monastery temple West
Hill, Kozh kode. The Applicants are Hindus, governed by Hindu Marriage
Act 1955 A male child was born in the wedlock on 12-05-2012 and
currently aged 13 years and living with the 2nd Applicant.
2. Itissubm tted that, because of the differences of opinion in between the
above sa i|d Applicants, they have been living separately from the year
2019 on ards. In the above circumstance, the lst Applicant herein had
filed O.P. o.1002 of 2019 before the Hon'ble Family Court, Kozhikode
1@
seeking a decree for dissolution of the marriage, which in turn followed
by the its dismissal by the Family Court, Kozhikode vide j.udgment dated
14-02-2023, citing unsustainable grounds.
3. As the Applicants have been living separately from the year 2019
onwards, there remains no chances of any reconciliation in between them
and living together as husband and wife. Consequently, the lst Applicant
has moved the above said Mat. Appeal No.511 of 2025 before the Hon'ble
High Court of Kerala. The Hon'ble High Court in turn referred the matter
for mediation before the mediation centre attached with the High Court.
Consequently, the Applicants herein agreed in between them to get the
marriage dissolved by a decree of divorce by mutual consent by filing this
Application u/s.13B of Hindu Marriage Act 1955 to dissolve the marriage.
It is highly necessary that a decree of divorce in the instant matter and the
decree may be granted to the Applicants at the earliest.
4. As stated above, the Applicants herein have arrived at a settlement
concerning all the disputes between them and a separate memorandum
of agreement is arrived at the instance of the mediator attached to the
Mediation centre. The Memorandum of the settlement had already been
on records and it will be complied on its letter and spirit. It is in the light
of the said settlement, the present application under Sec.13B is filed.
5. It is stated further that, there is no collusion exist in between the parties
in presenting this application before this Hon'ble Court.
Hence, in the above circumstance, it is humbly prayed that this
Hon'ble Co.urt may be pleased to pass a decree dissolving the legal ties
2gr
established by the marriage in between the Applicants herein which had
solemnized on 19-08-2011, forthwith.
Dated this the 31St day of October 2025 at Ernakulam.
APPLICANTS:
1. Dr.ASWATHY.P:
2. NISHANTH.K.V:
VERI FICATION
We, (1) Dr.Aswathy.P, aged 33 years, D/o.Balakrishnan,"Chaithanya'',
Kinattinkara Parambu, Nellikkode.P.O., Kozhikode District, Kerala State, Pin 673
016 and (2) Nishanth.K.V, aged 47 years, S/o.Hareendranath.K.V, Nakshtra House,
B.G.Road, West Hill, Kozhikode district, Kerala State, Pin 673005, do hereby
declare that the facts stated above are true to the best of our knowledge,
information and belief.
Dated this the 31St day of October 2025 at Ernakulam.
APPLICANTS:
3. Dr.ASWATHY.P:
4. NISHANTH.K.V:
