Kerala High Court
V. Sudevan vs Anusha.P.V on 23 October, 2025
Mat.A Nos.356/2025 & 367/2025 2025 : KER: 7 9017
IN THE HIGH couRT oF KERAIA AT ERNAKulaM
PRESRE
THE ENouRABIE in. dusTlcE I)EVEN RZDmcHANDRmg
&
THE HONouRABLE MRs. dusHer= M.B. SNEHAIATHA
THURsoAr, THE 23RI] DAir oF OCTOBER 2o25 / 1sT RARTHIRA, 1947
mT.AppEAI, No. 356 oF 2025
AGAINST THE JUDGbENT IN OP NO.1161 0F 2021 0F EZ\MIIiY
COURT , THAIASSERY
APPEliENT/RESPONDENT NO .1 :
V. SUDEVAN, AGED 35 YEARS
S/O SAHAI)EVIIN, NALINAM, MZIVILZIYI P.O,
KmINUR I)I. , plN - 67o622
8¥ anvs .
SRI.M.MUHZDOED SHAFI
SRE . I . REINI
SMT.ADHEELA NOWRIN
SMT. Rm4EESA RASREED
RESPONDENTS/PEEITIONER ANI) RESPONDENT NO. 2 :
1 ANUSHAtop.V. , AGED 33 YEARS
D/O A.K. BHasKARAN, ANUGRAEI, KOODAI,I, KjIVun:HAZHA,
KANNUR DT. , PIN - 670592
THE BENCH MmiAGER
CENTRAI. BZINK OF INDIA, PERAIASSERY BENCH,
PP IV/380, MUNI)AlilluR P.O. , KZENNUR I)I. ,
PIN - 670622
BY ADVS .
SRI.S.VISHNU (V-736)
SRI.v. SENII, KtnnR (pAlmcHZENooDu)
Sin. I,IIIIH Inl'
THls mTRIMONIAI, AppEAI, HZIVING corm up FOR HEARING oN
23.10.2025, ALONG WITH Mat.Appeal.367/2025, THE C0tJRT ON TEE
SAID DAY DElilvERED THE FOI.IiowING:
/,
Mat.A Nos.356/2025 & 367/2025 2025 : KER: 79017
IN THE HIGH COURT OF RERAliA AT E AKUILAM
PRESENT
THE HONouRABI,I in. t]usTlcE DEv:aN RZDmcHANDRAN
&
THE HONOURABRE MRS. OuSTICE M.a. SREHZILATHZI
THURSDAY, THE 23RI) DAY OF OCTOBER 2025 / 1ST KARTHIKA, 1947
mT.APpEAI. No. 367 oF 2o25
AGzilNST THE t]uD®aNT IN op No.124 oF 2o22 oF FaMII,I
cOuRT , THAIAssERr
APPEliLZENT/RESPONDENT:
V. SUDEEN, AGED 35 YEARS
S/O SAHZLDEVAN, NALINAM, RAVIIA:YI P.O,
KAmiuR DI. , plIN - 670622
BY ADVS .
SRI.M.M[JHZ\lDED SHAFI
SMT . I . REINI
SMI. ADHEELA llollRIll
SMT. RAMEESA RASHEED
RESPONI)ENT/PETITIONER:
ANUSHA.P.V. , AGED 331!EARS
D/O A.K. BEIASKAEN, ANUGRAH, KOODAlil,
KZIVunmHAZHA, KANNUR DT. , plN - 67o592
BY ADVS.
SRI.S.VISHNU ov-736)
SMT.LILIN ILAL
THls imTRIMONIAI[ AppEAI, HzivlNG COME up FOR HEARING oN
23.10.2025, ALONG WITH Mat.Appeal.356/2025, THE COURT ON THE
SAIE DAY DELIVERED THE FOLLOWING:
Mat.A Nos.356/2025 & 367/2025 2025 : KER : 7 9017
DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ.
Mat.Appeal Nos.356/2025 & 367/2025
Dated this the 23rd October, 2025
JUDGMENT
M.B.Snehalatha, J
L
Both these Mat.Appeals have been filed by the
appellant/husband against the judgment and decree in O.ip.
No.1161/2021 and in O.P.No.124/2022 of Family Court,
Thalassery.
2. When these appeals came up for hearing today, the
leaned counsel appearing for both sides submitted that the
disputes between the parties have been settled in the mediation
held under the aegis of Mediation Centre, Ernakulam and a
memorandum of agreement has been filed before this Court
3. 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.
In the light of the settlement arrived at by the
ra
Mat.A Mos.356/2025 & 367/2025 2025 : KER: 7 9017
parties, Mat.A No.356/2025 stands dismissed. Mat.A No.367/2025
stands allowed and the ].udgment and decree in O.P. No.124/2022
of Family Court, Thalassery stands set aside subject to the
condition that the parties shall file a petition under Section 138 of
the Hindu Marriage Act before the Family Court, Thalassery seeking
dissolution of marriage by mutual consent, as agreed to in t:he
memorandum of agreement.
5. The parties are directed to act implicitly in terms of the
memorandum of agr.eement and shall comply`all the terms therein.
The memorandum of agreement shall do form part of this
judgment'
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B.SNEHALATHA
ab JUDGE
BEFORE THE HON'BLE HIGH COUFLT OF I(ERALA AT ERNAKULAM
Mat Appeal Mos. 356 of 2025 & 367 of 2025
V.Sudevan Appellant
Anusha P.A. Respondent
MEMORAl\lDUM OF AGREEMENT UNDEF` SECTI
CIVIL PFLOCEDUFLE READ WITl+ RULES 24 I&+ 2
The above appeals mainly relate to the disputes between the parties for
recovery of money and ornaments and also divorce Appellant js the husband and
Respondent is the wife in the above appeals. The Mat Appeal No. 356#5 is filed by
the appe]lant against the respondents agajnst the order of the Family Court
Thalasserry, in the OP No.1161/2021 to hand over to the lst respondent, the gold
ornaments kept in the locker. Mat.Appeal 367/25 is filed by the appellant
challenging the order of divorce passed by the Family Court Thalasserry in OP
rri ffie light of the tark`s h`erd in various sessioris of media.tioff in trie pr-esence
of their respective Counsel, the Appellant and the Respondent have in principle
agrieed to settle all their matrimonial disputes including disputes relating to the
custody of the minor and return of ornaments that belongs to the respondent kept
in the locker in Central Bank of India Peralasserry Branch, Kannur, on the following
terms and conditions:-
t*,a,...`
Anusha P.V.
Appellant Respondent
•2-
1. The appellant and the respondent agree to dissolve the marriage on
mutual consent. The respondent has no objection in allowing the
Mat Appeal No.367/25 fled by the appeWant challenging the decree of
divorce. Both the parties agree that a divorce petition will be filed under
mutual consent as provided under Section 138 of the Hindu Marriage Act
for grant of a decree of divorce on or before 2ar of October 2025 , along
with the application for exemption from the statutory period of 6 months
and individual affidavits . Both parties also agree to cooperate to tender
evidence at the time of the conclusion of the proceedings.
2. The appellant V,Stidevan withdraws his` claim overthe 9otd ornaments in
the locker No.122 of the Central Bank Peralasserry branch where the
ornaments kept in the joint names of the parties . The key of the locker
will be sumendered to the respondent on 11/10/2025 and on receipt of
the key the same shall be acknowledged by her by issuing a receipt irn
that respect in favour of the appellant V.Sudevan. The joint account
maintained in connection with the locker in the said Bank shall also be
closed by the parties.
3. The respondent Anusha P.V., agrees to handover the Thali chain to the
appellant at the time of handing over the key of the locker and receipt of
the same shall be acknowledged by the appellant by issuing a receipt in
favour the resporfent.
I
s#; Anusha P.V.
Appellant Respondent
-3~
4. The appellant agrees to pay the arrears of maintenance being
Rs.1,60,000/-(Rupees One lakh sixty thousand only) which is remaining
to be paid out of the total arreaB of Rs,2,70,000/- (Rupees Two lakhs
seventy thousand only) within a period of two months from the date of
this agreement. The appellant further agrees that the maintenance of
Rs,6,OOO/- from the month of October and the coming months will be
paid without fail on or before lor of every month to the
SB Account No.42940399546 in SBl, Chalode Branch maintained in the
name of the minor daughter with the respondent mother Anusha :.nxt!:
guardian. The respondent agrees that on receipt of the full amears of
maintenance, she will have no objection in recording satisfaction in the
CMP No.86#025 pending before the Family Court, Thalassery.
5, The appellant agrees that the permanent custody of the minor daughter
Atana Sia Dev, shall remain with the riespondent mother Anusha P.V„
with interim custody to the appellant father V.Sudevan, during the
period as agreed between the parties as shown below:-
i) The respondent agrees that the interim custody of the minor daughter
shall be given to the appellant father on every second Saturday/Sunday of
each month.
ii) The time for handing over the minor daughter Alana Sia Dev, will be
between-11:00 a.in. and 05:00 p.in. The venue will be at Centre Mall ORR,
Bengaluru. The appellant father shall return the minor child to the
resp:#a:Otherat0500Pm,Onthesamedayatthe;:a#ep::.e
Appellant F`espondent
iii) ln case of any inconvenience for the visit, for either the child or the
parents, the same shall. be i'nformed in ad-vance (at I-east two d-ays i'n
advance ) to the other side and interim custody shall be made available
on the next succeeding day i.e, Saturday or another convenient
Saturday.
iv) The appellant agrees that the venue for taking the child during
vacation while the parties are in their respective home in Kannur, will be
at the place called j.K Dental clinic, Chakkarakkallu in Kannur and the
time will be from 11:00 a.in. to 05:00 p.in. on the days as agreed
between the parents.
6. In addition to the visitation rights the appellant father shall be at liberty
to have weekly contacts with the minor daughter over the phone, by
audio and or visual means, giving due regard to the comfortab+e tine
schedule of the minor child, Accordingly the appellant father is at liberty
to contact the minor daughter online on all r and 3n] Sundays of every
month between 06:00 p.in. and 07:00 p.in through the mobile number
9037548633, furnished by the respondent mother to the appelrant
father. The respondent shall ensure that the phone number is kept
active with valid service and the minor shall be given a quite and
peaceful surrounding to attend the calls and interact with the appellant.
In case of inconvenience to facilitate the calls on either ends, the same
shall be communicated through proper notice in advance along with the
:r#n:iternate sched u`e Anatv.
Appellant Respondent
.5-
7. The appellant father also requests for the overnight custody of the
minor daughter 'Alana Sia Dev ` from October, 2026. Both parties shall
agree to take a deci`sfon taki`ng into account the comfort and`
convenience of the minor daughter. The respondent mother shall have
a say in deciding and determining the venue and time for picking the
minor child and returning the child to the respondent mother, if the
venue as mentioned in clause 5 (iv), above varies. The overnight
custody shall be taken by the appellant father mainly during the School
vacations of the child during which period the child will be brought to
Kannur. The custody shall not exceed a total of 4 days (not contlnous)
during a 10 days vacation period and for 15 days (not continous) during
Summer vacations. DLiring the period of overnight custody the appellant
father shall be available all through out and mother and child are at
liberty to keep in contact over the phone.
8, Both the parties agree that the proceedings initiated under Section 498
A of the IPC by the respondent in CC No.439/2022 before the AcjM,
Thalassery will be quashed, For that the respondent agrees to submit
an affidavit to the effect that she has-no objection in quashing the same,
at the time of handing over the key of the locker and the thali chain.
9. Both parties hereby relinquish all Claims against each otlier in respect
to all the assets both movable and immovable including monies, bank
accounts that belongs to the other, now or in the future,
10. Both parties agree that the 2nd respondent in Mat Appeal No.356 of
2025 being a formal party need not be a signatory to the terms of
i,Xi, I
Anusha P.V.
Appellant Ftespondeut
.6.
11. The Appellant and the Respondent hereby agree that they willnot initiate
or prosecute any further petitions or complaints (civil andor criminal) or
make any further claims with respect to the matn`moni-aT i`ssue, rn view of
the settlement arrived at between the parties.
12.Both the parties are at liberty to initiate appropriate proceedings in case
6f afiy' fiofi c-6ffipliafi€e of ffie terms 6f agr~eeffien-f as mefition-ed above
by either of the parties.
13. In the light of the above terms of settlement, this Hon'ble Court may be
pleased to dispose of the above appeals after recording the settlement.
Datedthisthelondayof°Ct°ber'2°giv
v gutm FAT:%hap"
Appellant Respondent
Coun r Respondent
F- Sleir.M. ScV:F5tt5N7i>ol])
k= - s-a sr/ qJ
The above Settlement Agreement is authenticated by me.
Adv.Sally Thomas Chacko (Mediator)
