Kerala High Court
Sobhith S vs Salini P.S on 6 October, 2025
Mat.A Nos.236/2025 & 240/2025 1 2025 : KER: 73600
IN THE HIGH COURT OF KERAILA AT E AKULAM
PRESENT
THE HONOURABIIE MR. JUSTICE DEVAN RAMACEIANDRAIt
a
THE HONOURABLE MRS. JUSTICE M.B. SNEIIAIATHA
MONDAY, THE 6TH DAY 0F OCTOBER 2025 / 14TH AS"INA, 1947
mT.AppEAL No. 236 oF 2025
AGAINST THE JUD®ENT IN OP(OTHERS) NO.1180 0F 2019 0F
FAMILY COURT , MZIVElilKKARA
APPELLZENTS /RESPONDENTS :
S0BHITH S. , AGED 40 YEARS
s/0 sumNGAIA sAslDHARZEN, Dul>u COTTAGE ,
ENNACKADU P.O. , ENRACKADU MURI, CHENGZENNUR TAIIUK,
AIAPPUZHA, PIN - 689624
sunmNGAIA SASIDIIABAN, AGED 64 ¥EARs
M/0 SOBHITH, DUDU COTTAGE, EENACKADU P.O. ,
ENNACKADU MURI, CHENGANNUR TALUK, AIAPPUZHA - 689624
BY ADV SHRI.NIRESH THORAS
RESPONDENT/PETITIONER:
SAlilNI P.S. , AGED 36 YEARS
D/O SASIDIIARAN , PATHANAKAFTII.PUTHENVEETTII. ,
PERISSERY, MUNDANKAVU P.O. , CHENGZENNUR TALUK,
AIAPPUZHA, PIN - 689124
BY ADVS .
SRI.JACOB P.ALEX
SRI. rosEPH p.AI[Ex
SHRI.MZENU SANKAR P.
SHRI.Anml. AMIR AI[I
THIS RATRIMONIAL APPEAli HAVING COME UP FOR HEARING 0N
06.10.2025, ALONG WITH lfat.Appeal.240/2025, TIIE COURT ON THE SAIE
DAY DELIVERED TEIE FOLLOWING:
Mat.A Nos.236/2025 & 240/2025 2 0 2 5 : KER : 7 3 60 0
IN THE EIIGH couRT oF KERALA AT ERNAKtrLzan4
PRESENT
THE HONouRABI+E in. ousTlcE DEVAN RzmcllANDRAN
&
THE HONOURABI+E MRS. JUSTICE M.B. SNEIIAliATHA
MONDAY, THE 6rm Dan OF OCTOBER 2025 / 14TII ASWINA, 1947
RAT.APPEAL NO. 240 0F 2025
AGAINST THE ]uDcn4ENT IN OPHMA No.1161 oF .2olg oF FAMII.I
COURT , MA:VELIKKARA
APPELLZENT/PETITIONER:
SOBHITH S. , AGED 40 YEARS
s/O SUMZENGALA sAslDHAEN, Dunu COTTAGH ,
ENNACKADU P.O. , ENNACKADU MURI, CHENGANNUR TAliuK,
AliAPPUZHA, PIN - 689624
8¥ ADv SHRI.NIMESH THonms
REspcINDENT /REspchroENT :
SAlilNI P.S. , AGED 36 YEARS
D/O SASIDHARAN, PATHANAKATTILPUTHENVEEHIL , PERISSERY ,
rm}NDANKZIVu p.o. , CHENGANNUR TAI.uK, AIAppuzHA, plN -
689124
BY AI)VS .
SRI. JACOB P.AIEX
SRI.JOSEPH P.ALEX
SHRI.MENU SANKAR P.
SIIRI .ABmL EMIR AI,I
THIS MATRIMONIAL APPEAII HZ`:VINO COME UP FOR HEARING ON
06.10.2025, ALONG WITH lfat.Appeal.236/2025, THE COURT ON THE SAIE
DAr DEI.IVERED THE FOLI.o"ING:
Mat.A Nos.236/2025 & 240/2025 2025 : KER: 73600
DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ.
---I-I----I---I---I--------I---------------
Mat[Appeal Nos.236/2025 & 240/2025
---------I-------I---------I--------------I
Dated tliis the 6tli 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 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.
I
2. We have examined the memorandum of agreement and we
notice that it has been signed by t:he 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 between t:he parties,
Mat.Appeal Nos.236/2025 aTid 240/2025 are disposed of in terms of I:he
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.
94r
DEVAN RAMACHANDRAN, JUDGE
;i i.. +
M.B.SNEHALATHA, JUDGE
ab.
BEFORE THE HONOURABLE HIGH COURT OF KEfIALA AT ERNAKULJLM
ctw 24Ora025
Sobhith S & Anr Appellants
VS
Salini P.S : Respondents
MEMORANDRUM OF AGREEMENT UNDER sECTioN e9 OF THE CODE OF civiL
PFLOCEDURE READ WITH RULES 24 a 25 0F THE CIVIL PROCEDURE
(Al:TERNATIVE DISPUTE RESOLUTION), RULES, 2008:
Both the parties have agreed to settle the dispute between them under the following
terms and conditions:
1. Appellants in Mat Appeal No.236/2025 agree to pay an amount of Rs.35,00,000/-
(Rupees Thirty five lakhs only) to the riespondent (wife) in full and final settlement of
her claims in OP (others) No.1180/2019 of Family Court, Mavelikkara, within 7 (seven)
months. The above mentioned amount shall be paid in seven Equal Monthly
Installments starting from 30/09/2025 onwards and the entirie amount shall be paid on
or before 15.03.2026.
2. Appellants shall remit/ transfer the amounts as agreed to A/c No. 50100727628135
of the respondent with Account Name: SALINI PATHANAKAITIL SAsl in the Chengannur
Town Branch of HDFC Bank Ltd with lFSC: HDFC0009847
Mat ADDeal No, 236 ra025
Appellants Respondent
1. Sobhith S Salini P.S sa2L
(Rep by POA Holder Smt.Syamala M.C)
Mat ADDeal No. 240ra025 :`, ```',:`..i`,
.-;;iJ ``,-I
Appellants
Sobhith S
'Respondellt
FF;?rs:{i#¥¢'Salinip.S s2±
{Rep by POA Holder Smt.Syamala M.C)
3. Respondent (wife) agree to file a joint application for Divorce by mutual consent to
dissolve the marriage with the appellant in Mat Appeal No.240/2025 pending before
this Hon.ble Court, immediately after the final settlement of her claims in OP (others)
No,1180/2019 of Family Court, Mavelikkara, as mentioned above. If, the respondent
fails to file the mutual application as mentioned above, even after full and final
settlement of the money claim, then this Hon'ble Court may kindly allow Mat Appeal
No.240/2025 pending before this Hon'ble Court as prayed for.
4. In view of the above settlement the Respondent (wife) ageee not to prosecute
OP(HMA) No.1037/2025 filed before the Family Court, Mavelikkara, seeking a decree
for divorce.
5, Respondent (wife) have no objection in allowing Crl MC No.5071/2025 pending
before this Hon'ble Court seeking to quash all proceedings pending before the jFCM
Court-I, Chengannur in CC No.2880/2020 arising from crime No.1836/2019 of Mannar
Police Station, after the full payment of above mentioned amounts. The
respondent/her POA Holder shall file an affidavit in the above Crl MC No.5071/2025
giving her consent to quash/compound the CC No.2880/2020 pending before the jFCM
Court-I, Chengannur arising from crime No.1836#019 of Mannar Police Station as
mentioned above.
6. Respondent (wife) have no objection in lifting the attachment of property ordered in
OP (others) No.1180/2019 of Family Court, Mavelikkara after full payment of the
above mentioned agreed amount,
Mat ADBeal No. 236 ra025
Al)pellant§ Respondent
1. Sobhith S salinip.s S
Jt(Rep by POA Holder S in
/affiM C)
Appellahts Respondent
Sobhith S Salini p.S Sjz±C`
(Rep by POA Holder Smt.Syamala M.C)
7. The parties agree to withdraw all allegations against each other and undertakes not
to initiate any fresh litigations.
8. However, lf the appellants fails to pay the above mentioned amount of
Rs.35,00,000/-(Rupees Thirty five lakhs only) on or before 15/03/2026, the respondent
shall be entitled to realise the entire decree amount in OP (Others) No.1180#019 of
Family Court, Mavelikkara together with its interest through process of Court, after
giving credit for the installments if any paid,
Both parties pray that this Hon'ble Court may kindly dispose off the above
mentioned Mat Appeal No.236#025 by modifying the decree passed in OP (Others)
No.1180rao19 Of family Court, Mavelikkara in terms with agreement and to adjoun Mat
Appeal No.240#025 to enable performance Of the terms of this agreement.
Dated this the loth day of September, 2025.
Mat Apimal No. 236 ft025
Appel'ants Respondent
1. sobhjth s . fa
tRepbypos£,Ln:,:.:rsmsffi+.c,
2.sanrafr
Mat ADDeal No. 240ra025
Appellants Respondent
Sobhiths i Salini P.S •....`+-._.,.````1,-.=`
(Rep by POA Holder Smt.Syamala M.C)
wi ` J\,
Counsel for the -`°KS;I:/°£ofuT9t
.i,r:§®uhsel
'
for the Respondent
The above Settlement Agreement is authenticated by me,
Adv.ParthasarathyM.K(MediatorTE±
