Citation : 2025 Latest Caselaw 10492 Ker
Judgement Date : 4 November, 2025
2025 :RER: 83799
IN THE HIGH COURT OF RERAIA AT ERNAKULRA4
PRESENT
THE HONouRABIE MR. 4usTlcE DEVEN RzumcHENDREN
&
THE HONOURABIE MRS. JUSTICE M.B. SNEHALAEHA
TUESDjur, THE 4TH DAr oF NovEmER 2o25 / 13" RARTHIRA,
1947
I inI+inI . A I p E A I , N o . 4 1 5 o F 2 o 2 4
AGENST THE ORDER/JUDcnENT DATED 15.04.2021 IN op
No.475 oF 2oi8 oF FAMII.I couRT, imlAppuRAM
APPEIIANulT/PETITINER:
SINE Hous
AGED 43 YEARS
D/O THO!ms, KOKKATTIL HOusE, KOchmMKulAM p.O. ,
THRIKALANGODE , MANJERI , iml,APpuRAI4 I)ISTRlcT ,
PIN - 676123
BY ADV SRI.P.M.RAFIQ
RESPONDENT/PETITIONER:
JcelNSON
AGED 45 YEARS, S/O ANNAKUTTY, KOOVATHOTTU HOUSE,
pAIALmi, KARmmA p.0. , AIAKRAD DlsTRlcT-. ,
PIN - 678597
BY I-.
SRI. R. BINDu (sASTHADnNGAIAM)
SRI. G. RA!AGopAI, (KunnmNAM)
THIS MATRIMONIAL APPEAli HZ\:VING BEEN FINALLY REARD ON
31.10.2025, AIIONG WITH Mat.Appeal.961/2024, THE COURT ON
THE sand DAY I]EI.IVERED THE For,I,owlNG:
Mat.Appeal.No.415 and 961 of 2024
2 0 2 5 : KER : 8 3 7 9 9
IN THE HIGH COURT OF KERAliA AT I AKULAM
PRESENT
IHE HONorlRABIE MR. ausllcE I]EVART RAiflcHAENI)RAN
&
THE HONOuRABId= ms. OusTlcE M.B. SNEEIAILATHA
I{]ESDA¥, THE 4TH DAY oF NovEmER 2o25/i3TH KARTHIRA, 1947
MZIT.APPEAI, NO. 9610F 2024
AGAINST THE ORI)ER/JUI)®ENT DATED 08.08.2024 IN OP
No.876 oF 2ol8 oF FAMII,I couRT, imlAppuRAM
APPEIIILANT /RE S PONDENI S :
SINI
AGED 43 YEARS
D/a THous, ROKKADAN HouSE, KochaAMKulAM p.o,
ERNAD TAI,uK, enlAppuRIni DlsTRlcl. , plN - 676123
THous
AGED 73 ¥Ejms
KOKKAI)AN HOUSE KOOMAMKUILZ\M P.0, ERNAI) TALUK,
lmlAppuRzn4 DlsTRlcT. , plN - 676123
8¥ ADV SRI.P.M.RAFIQ
RESPONDENT/PETITIONER:
•OBINSCIN
AGED 44 YEARS
S/0 ANNAKUTTY, KUVVATHODE HOUSE, PALAIEN,
KARnDRA, imNNARKRAI) TAI.uK PAILAKKAD DISTRICT. ,
PIN - 678597
BY ADVS.
SRI.R.BINDU (SASTHAENGAILziM)
SRI. G.RA4AGoPAI, (Kum4Z\NAM)
Mat.Appeal.No.415 and 961 of 2024
2 0 2 5 : KER : 8 3 7 9 9
THIS RATRIMONIAI. APPEAL HAVING BEEN FINAI,I.Y HEARD ON
31.10.2025, ALONG WITH Mat.Appeal.415/2024, THE COURT 0N
THE SAIE DAY DEI.IVERED TIIE FOIiliowING:
Mat.Appeal.No.415 and 961 of 2024
2 02 5 : KER : 8 37 9 9
JUDGMENT
Devan Ramachandrah.,J,
The learned Counsel for the parties in these two cases
were ad t.den that all disputes between their clients have been
settled and that a Memorandum of Agreement has been
entered by them.
2. We notice that: the afore settlement has happened
under the aegis of the Mediation Centre of this Court; and that
a report of t:he learned Mediator appending the Settlement has
been produced in Mat.Appeal.No.415/2024. Since the said
agreement has been signed by the parties and has been
subscribed to by their learned Counsel, we see no reason to not
accept it.
3. In fact, the learned Counsel for the parties say that
their respective clients are willing to withdraw these appeals,
provided the Settlement is recorded by us and t:hey directed to
act: on its terms.
4. In the afore circumstances, we permit the
appellants in both these cases to withdraw these appeals; Mat.Appeal.No.415 and 961 of 2024
2 02 5 : KER : 8 37 9 9
however, recording the settlement between them, which shall
stand as a part of this judgment.
Needless to say, since the part:ies are in agreement
and it is at their request that the appeals are being withdrawn,
we direct them to abide by the agreement implicitly in future.
Sd/-
DEVAN RAMACHANDRAN, JUDGE
Sd/-
M.B. SNEHALATHA, JUDGE
Mms Mat.Appeal.No.415 and 961 of 2024
2025 : KER: 837 99
AppENI]Ix oF Imp.AppEAI[ 961/2024
RESPONDENT ' S ANNEXURES
Annexure R1(a) TRUE COPY OF THE ORI)ER PASSEI) BY THE Frml.I cOuRT, lmlLAppuRm4 IN M.c No. 79/2020 DATED 20 .12 . 2021 Annexure R1 (b) muE copy OF TEE ORDER PASSED BY TEE FENII,Y COURT, OTTAPAIAM IN C.M.P. NO.
411/2022 IN M.C NO. `79/2020 DATED
23 . 02 . 2023
PETITIONER ANNEXURES
chnexure-1 THE ORIGINAI. POWER OF ATTORNEY DATEI)
17.10.2025 RECUTED BY THous, S/0
PoUI,OSE, KOKKADZIN HousE, KoormMKulnM
p.O, ERNAD TAI+uK, emLAppuRzat DlsTRlcT-
676123 IN FAVorJR oF Rosl THorns, w/o
THous , KOKKADAN HOusE , KOOMZDerulnM
p.O, ERIaAD TAI,uK, imLAppuRzn4 DI§TRlcT- 676123 BEFORE THE HONOURABLE IIIGII COURT OF RERALA AT ERNAKULAM Mat.ADDeaal No. 961 Of 2024 Sini & Anr. Appellants Vs. Jobinson Respondent
Mat.ADDeal No. 415 Of 2024 Sini Appellant Vs. Jobinson Respondent
MEMORANDUM OF AGREEMENT UNDER SECTION 89 0F TEE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 0F THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION),RULES, Z008:
Both parties agree to settle all the matrimonial disputes arose between them on the following terms and conditions agreed on between the parties.
1. The respondent Jobinson in the above said Mat.Appeals agreed to pay Rs.1,SO,000/-to the Appe]]ant Sjni Thomas jn the Mat.Appeal No.415/2024 who js also the lst appe]]ant in MaLAppeal No.961/2024 in full and final sethement Of all the matrimonial disputes and claims between them, to which the appellant Sini Thomas in the Mat.Appeal No.415/2024 who is also the lst appellant in Mat.Appeal No.961/2024 agreed and confirmed.
2. In view Of the settlement of the disputes and claims between the parties as mentioned clause No.1, the the appellant Sini Thomas in the Mat.Appeal No.415/2024 who is also the 1§t
n ::sppe:iadnetn:nTo¥[:::nppt:althg°:::::2::4d c£:::rp::al¥atfnshfeul:e::!dvef:n£S.s:'t:°e'£::/t-offro:I ::
matrimonial disputes and claims between them.
3. Consequent to the settlement of all the mathmonial disputes and claims between them as per clause No.1 & 2 above Sj]]j Thomas jn the Mat.Appeal No.415/2024 who js also the lst appellant in Mat.Appeal No.961/2024 agreed to withdraw both the above mentioned i'!i;:.`...i..
Jsi wJta°mA`.k &Lae Mat.ADDeal No. 4i5of 2o24 e5TcleJ.a54D Appe]lant-Sini Respondent-Jobinson
Appellant- Sini ¥oa:A4PsT:N;;:Lof2°24STob.®o s, ~`TtJOM4S' k¥ Respondem-Jobmson ±ie1..... THomas?A\\+a""-P`osyThim5R5J76~)J2:
4. Having settled all the monetary as well as the property claims between the parties, the appellant has relinquished the claim for maintenance made by her in MC.No.79/2020 on the files of the Family Court, Malappuram and she further agrees that she will withdraw CMP No.411/2022 in M.C No.79#020 for executing the order dated 20/12/2021 in the above M.C
5. Having sided all the mainmonial disputes and claims betweer] them as per clause No.1 & 2 above, the respondent Jobinson agreed to withdraw RP(FC) No.354/2025 filed by him before this Hon'ble Court.
6. Sini Thomas in the Mat.Appeal No.415/2024 who is also the lst appellant in Mat.Appeal
0 re:£6n[d/:n°t2foba:::a:¥oeec[ast: ineea::::°mne::= *ecFcaa=efl?n cth°eurtEa¥£:;apcp:I:TMa£:#rFme for having settled all the disputes and claims between the parties as mentioned clauses No.1 & 2.
7. Both parties hereby agree that all the monetary and property claims have been settled fully and finally between the parties and they will not make any monetary or property claim against each other in future in relation to their mathmonial matters.
8. in the event Of failure to perform the chligation agreed upon between the parties the aggrieved
sT~::sHTOul;=sto:=a#¥::]RE¥d4i5afj¥4=g;;:s6nen App ellant-Sini Re spon dent-Jobinson
MaLADneal NO. 961 of 2o24 sat>`rfoo er a Appran=:as:;:Tf^i:gin?;fL|dii;:;;n;;,,®i/fair a t *.i + Ll_pin A S .1< Sdi
Thomas. PA Hal.Dell Rosy r`+.tl43 -' Counsel for the Appellants in Mat.Appeals
ir`, ,ky Nos.415 Of 2024 and Nos.961 of 2024
CounseHortheRespondents]nMAa:;:::altNo`±\'trlqr;
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