Citation : 2025 Latest Caselaw 10364 Ker
Judgement Date : 31 October, 2025
Mat.A Nos.35/2025 & 933/2025 1 2025 : KER: 82557
IN THE HIGH CouRT oF KERALA AT EEuaAKul[AM
PRESENT
TEE HONOuRABLE MR. ]usTlcE DEVAN RzmcHANDRAN
&
THE HONOURABIIE MRS. JUSTICH M.B. SNEHAliATHA
ERIDAY, THE.31ST DAY OF OCTOBER 2025 / 9TH KARTHIRA,1947
mT.AppEAL No. 35 oF 2o25
AGAINST THE rtJDGbENT DATED 12.11.2o24 IN op No.654 oF 2ol7
0F HIMIIiY COURT, PAIA
APPELLZINT/RETITIORER:
ANEEHA ASHOK
AGED 40 YEARS
D/o imDHA:\7:ZEN ASHOK, pARATHARA¥II[ HousE , NADACKI, ro,
TEEKOY VII.LACE, lEENACHII. TAIIUK, , PIN - 686121
BY ADVS .
SRI . v . K . BALACHANDRzni
SMT .AmuTHA p . s .
RESPONDENTS /RESPONDENTS :
1 RATHRESH M.A, AGED 42 YEARS
S/0 ANIRUDHEN, MUNDUNADACKAII HOUSE , KORIJTHODU PO,
KOTTAYAM DISTRICT, PIN - 686513
CHANDRZIVAliliY, AGED 66 YEARS
W/O ENIRUDHAN MUNDUNAI)ACKAL HOUSE, KORUTHODU PO,
KOTTAYAM DISTRICT, PIN - 686513
BY ADVS .
SMT. RESMI NANDANAN
SMT . K . AMBIIiY
THls mTRIMONIAL AppEAI. EIAV.ING confl up FOR HEARING oN
31.10.2025, AI.ONG WITH Mat.Appeal.933/2025, THE COURT 0N THE
SARI DAY DELIVERED THE F0I.LOWING:
Mat.A Nos.35/2025 & 933/2025 2 2025 : KER: 82557
IN TEE HIGH COURT 0F KERALA AT ERNAKULAM
PRESENT
TEE HONouRABIE iqR. ]usTlcE DEVAN RZDmcHANDRAN
&
THE HCINouRABLE ins. 4usTlcE M.B. SNEHALATHA
FRIDAY, THE 3isT DAY oF ocroBER 2o25 / 9" KARTHIRA, 1947
RAT.APPEAli NO. 933 0F 2025
AGAINST THE JUDGIENT DATED 12.11.2024 IN OP NO.654 0F 2017
OF FAMII.Y COURT, PAIA
APPELLZENTS/RESPONDENTW:
RATHEESH M.A. , AGED 42 YEARS
S/O. ENIRUDHAN, MtJNDUNADACKAL HOUSE, KORUTHODU P.0,
KOTTAXAM, PIN - 686513, REPRESENTED BY HI.S POWER 0F
ATTORNEY HOIiDER CHANDRZIVALIIY, AGED 66 YEARS ,
W/O. ANIRUDHEN, MUNDUNADACKAli HOUSE, KORUTHODU P.O,
KOTTAYAM
CHANDRZIVALliY, AGED 66 YEARS
W/O. ANIRtJDEIEN, MUNDUNADACKAli HOUSE,
KORUTHODU P.0, KOTTAYAM, PIN - 686513
BY ADV SMT.RESMI NANDANAN
RESPONDENT/PEIITIchlER:
ANEETTA ASHOK
AGED 40 YEARS
D/O. imDIIA:v:EN ASHOK RARATHARAyll., NADACKAI. p. O,
TEEKOY VIIilAGE , lEENACIIIIi TALUK, KOTTA]ZAM REPRESENTED
BY HER SISTER AND POWER OF ATTOREY HOLDER ASHA
SURESH, MANATHANATHU (H) , PUIIIYANNcOR P.O KOTTAYAM,
PIN - 686121
BY ADVS .
SRI . v . K . BALACHANDRZDa
sBm .AMRUTHA p . s .
THls mTRIMONIAI] AppEAI[ HAW.ING Cone up FOR IIEARING oN
31.10.2025, ALONG WITH Mat.Appeal.35/2025, THE COURI 0N THE SARE
DAy DELlvERED THE FOI,I]OwINe:
Mat.A Nos.35/2025 & 933/2025 3 2025 : KER: 82557
DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ.
Mat.Appeal Nos,35/2025 & 933/2025
--------I--I------I---I-------------11---I
Dated this the 31st October, 2025
JUDGMENT
M.B.Snehalatha, J
When these appeals came up for hearing today, the learned 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.
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 settlement are lawful and therefore the sett:lement arrived at
by the parties is accepted.
3. In view of the settlement arrived at between the parties,
Mat.Appeal Nos.35/2025 and 933/2025 are disposed of in terms of the
settlement arrived at by the parties.
4. The parties are directed to act implicitly in terms of the
memorandum of agreement and shall comply all the terms therein, which
do form part of this judgment.
Sd/-
DEVAN RAMACHANDRAN, JUDGE
Sd/- `
M.B.SNEHALATHA, JUDGE
ab
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM
Aneetta Ashok : Appellant
VS
Ratheesh M.A & Another : Respondents
MEMORANDUM OF AGREEMENT UNDER SECTION 89 0F THE CODE OF CIVIL PFtocEDURE READ WITH RULES 24 a 25 0F THE CIVIL PF`OCEDURE (AITERNATIVE DISPUTE RESOLUTION),RULES, 2008:
Since the lst respondent is out of Station and at Italy, his Power of Attorney in the Original petition from which the above appeal arises is signing this a.greement. The parties agree that the di-spute i.nvol,ved. i.a the above Mat Appeal can be settled on thefollowing terms and conditions:-
1. It is agreed by both sides that the dispute relates to return of gold and money and that the above appeal is filed by the petitioner as against the decree granted by the Family Court, in OP No.654/2017 which is only partial. It is also agreed that the respondents herein has filed Mat Appeal No.933/2025 against the said decree.
2. Tfie paffles al'so ag.roe th-at MC N6.85#0.17 w.as arse arrow-ed partiaTl.y By. th~e Family Court, Pala allowing maintenance at the rate of Rs.8000/- per month to the minor daughter presently aged 9 years and the RP(FC) No.384/2024 filed by the lst respondent herein and RP(FC) No.285/2024 filed by the appellant herein challenging the said Orders are pending before this Hon'ble Court.
Appellant Respondents
Aneetta Ashok 1. Ratheesh M.A
r<ccll,.
v l,f= (Rep by POA holder Mr.Rejanimol P.A)
2. Chandravally
rL#
3. The parties agree that the entire dispute pending in this appeal and connected RP(FC) No.384/2024 and RP(FC) No.285/2024 can be settled by pay-ffiefff 6f a t6taT affioufif of Rs.25 rakh~s t-a be pai'd. with-in 6 ffiofitffis- of today.
by Bank Transfers to the SB Account (N.R.I) of the appellant in Federal Bank's Aruvithara Banch, Eerattupetta bearing No.11442100017699 or SB Account No,11444100006706, Out of the said amount of Rs.20 Iakhs is for the appellant herein towards her entire claims raised in the above Mat Appeal and Rs.5 Iakhs is for the maintenance Account of the minor daughter namely Vyga Mol M. Hence, once the amount is paid, the Rs.5 lakhs shall be put in Fixed Deposit of the child till she attains majority in the Post Office. Sukanya Samridhi Yojana Account of the minor from the SB Account to which the amount is transferred to the extent possible each financial year by the appellant once she receives the entire Rs.25 Iakhs as agreed to herein. In case of default the appellant can execute this settlement agreement with 12 % interest per annum payable for the entire Rs.25 lakhs or to the extent of the defaulted amount from 18/04ra026. This amount is towards the entire claim raised by the appellant including the claims in OP No.532/2018 against which no appeal is filed by both parties.
4. The appellant has agreed to permit the lst respondent to interact with the minor daughter through Video call twice a month on the 2nd and 4th Saturdays evening for one hour each. The appellant also agrees to give interim day time custody of the minor daughter to the lst respondent father when he is on leave and available for two to three hours where the minor daughter is residing in a common venue to decided by mutual agreement between the appellant and the lst respondent during weekend days/holidays as chosen between the parties convenience.
Appellant Respondents
A#shok 1. Ratheesh M.A
(Rep by POA holder Mr.Rejanimol P.A)
2. Chandravally
c#
5. Once the entire Rs.25 lakhs is paid as agreed to herein, the appellant agrees that the prevailing attachment over the lst respondent's property can be lifted arid ffiaf sfie wi.It i.ssue ffiecessary` No Objecti.on for ffl'i.fig. p-eti'fi-off befor-e th-e- Family Court, Pala. Until payment as agreed to herein the attachment will continue.
6. The parties. a.gree that the appeLlant has Wbodert ALmirah, Fridge and two brass Nilavilakku and other article including the S.S.L.C Certificate will be returned to the appellant within two weeks of today after fixing the convenient day and time between parties for the appellant to go and pick it from respondentrs house,
7. Once the amount is paid, the appellant agree that she will not raise any further claim for herself or for the minor daughter including the minor daughter's mainten.ance, marriage/ed`ucational/med`ical. expenses` as the amount paid covers all the claims.
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 and pass a deciiee accordingly in the interest of Justice.
Dated this the 17th day of October, 2025.
Appellarnt Ftapndede
Aneetta Ashok 1. Ratheesh M.A =€2jcll( .
(Rep by POA holder Mr.Rejanimol P.A)
EEE 2. Chandravally
cpe
Counsel for the Appel t Counsel for the Respondents
RedAL4ed
ir3- r2- Adv` ftyrr;I Ncfrodcmdyi`
H| 9L64| 05 .
L< .fro-I Se*
The above Settlement Agreement i I by me.
Adv. Zohra M.
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