Kerala High Court

Haris V.A vs Ajeesha O.A on 25 September, 2025

Mat.A Nos.400/2025 & 403/2025                                        2 02 5 : KER : 718 3 7


                 IN THE HIGH cOuRT OF RERALA AT E               AKULan4
                                        PRESENT
             THE HONouRABI.I in. eusTlcE DEVAN RZDmcHANDRAN
                                            &

               THE HONouRABI]E ms. ]usTlcE M.B. SNEHAILATHA

  THURSDAY, TIIE 25TH DA¥ OF SEPTREER 2025 / 3RI) ASWINA, 1947
                             RAT.APPEAL NO. 400 0F 2025
         AGAINST       THE      TUDcn4ENT   IN   Op   NO.788    OF    2ol8    OF   FAMII.I
COURT , ERNARIJLAM

AppELILANT/REsporoENI:

               HARIS V.A. , AGED 41 YEARS
               S/O ABcOBACKER P.A. , VEI.UTHEDATH HOUSE,
               VADAKODE p. o. , m7NDAKKAM[7GAI., KANGARAppAI>¥,
               EENAKULzm, PIEN - 682021
               BY ADVS.
               SRI . c . I . vlNOD KuimR
               Siff . I . M . EArHlnm


RESPONDENT/PETITIONER:

               AJEESHA O.A. , AGED 35 YEARS
               D/O O.K. Am4[r, REslDING AT AMBAIA"INGAL HOusE,
               AIMS P.0. , EDAPPAliliY NORTH,
               ERInAKULAM, plN - 682026



               BY ADVS.
               SRI . REN.ITH . R
               SRT.ANJU MOHAN



        THIS   RATRIMONIAL        APPEAli   HAVING    COME     UP    FOR     HEARING     ON
25.09.2025,     ALONG WITH ELt.Appeal.403/2025,                THE COURT ON THE
SAME DAY DEIIIVERED THE F0IiLOWING:.
 Mat.A Nos.400/2025 & 403/2025                                        2025 : KER: 71837



                 IN THE HIGH COURT OF RERZELA AT E               AKULAM

                                         PRESENT
             THE HONOuRABIE MR. rusTlcE DEVAN RZD4ACHANDRAN
                                             &

              THE HONOURABLE MRS.            JUSTICE M.B.   SREHALATHA

  THURSDAY, THE 25TH I)AY OF SEPTREER 2025 / 3RD ASWINA, 1947

                            mT.AppEAI] No. 4o3 oF 2o25
         ACIAINST      THE      tJUDGD4ENT   IN   0P   NO.789   0F   2018   0F   FAMILY
couRT , ERIeAKul]AM

AppELLanTT /REspONDENT :

               HARIS V.A. , AGED 41 YEARS
               s/o ABooBACKER p.A. , vEliuTHEDArm IIousE,
               VADAKODE b. O. , MtJNRAKRAMtJGAli, KZINGARAPPAI)Y,
               ERNAKULzn4, PIN - 682021
               BY ADVS.
               SRI . c . y . vlNOD Kt]mR
                Slff . I . M . FAIHIMA
REspONDENI/pETITIchmR:

               AJEESHA O.A.
               AGED 35 YEARS
               D/O O.K. Am4tI, REslDING AT mGAILATIIINGAI. HOusE,
               AIMS P.O. , EDAPPELLY NORTH,
               ERIIAKULZD4, PIN - 682026
               BY ADVS.
               SRI . RENJITH . R
               sier.ANru MOIIAN



        THls mTRIMONIAI. AppEAL HAvlNG corm up FOR HEARING ON
25.09.2025,     AI.ONG WITH ELt.Appeal.400/2025,                THE CotJRT ON THE
SAID DAY DELIVERED THE FOIilioRTING:                                                      \
 Mat.A Nos.400/2025 & 403/2025                                  2 0 2 5 : KER :' 718 3 7




            DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ.
                     -------------------------------------------
                   Mat.Appeal Nos.400/2025. & 403/2025
                      I------------------I-----------------------
                    Dated tliis the 25th September, 2025
                                      iiil

                                      JUDGMENT

M.B.Snehalatha, J

Both these appeals are preferred from the judgment and decree

in O.P..Nos.788/2018 and 789/2018 of .F`amily Court, Ernakulam

.2. When these appeals came up for hearing today, the learned

counsel appearing for bot:h 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 settlement has been

filed before this court. `

2. We have examined the memorandum of settlement and we

notice that it has been signed by the parties andD subscribed by their

counsel. The terms of the agiveement are lawful and t:herefore the

•settlement arrived at by the parties is accepted.

3. Accordingly, Mat.A Nc>.400/2025 is disposed of in terms of

the settlement arrived at between the parties. Mat.A No.403/2025 is

dismissed as withdrawn.

Mat:.A Mos.400/2025 & 403/202.5 2025 : KER: 71837

4. The parties ire directed. to act implicitly in terms of the

memorandum of settlement and Shall comply all the terms th,erein, which

do form part of this ]'udgment.

Sd/-

'DEVANRAMACHAND'RAN, JUDGE

Sd/-

M,B.SNEHALATHA, JUDGE ab

/ BEFOFtE THE HONotrFIABLE HrGH CouFtT oF KERALA AT ERNAKULAM Mat Appeal Nos.403 of 2025 & 400 of 2025

Haris V.A Appellant

Vs.

Ajeesha o.A Respondent MEMORANDUM OF SETTLEMENT FILED UNDER SECTION 89 0F THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 0F THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION), RULES, 2008:

1. Parties agree to settle the issues involved in the Mat.A.Nos.400/2025,

403/2025 & Crl.R.P.No.65/2025 on the following terms and conditions:-

1.Appellant Haris agrees to withdraw Mat.A.No.403/2025 filed against the

decree of dissolution marriage in OP.No.789rao18 of the Family Court,

Ernakulam.

2. Appellant Haris and respondent Ajeesha agree that the maintenance

amount awarded for the three children as per order in M.C.No.34/18 which is

r'| confirmed in Crt.A.No.293¢022 of the Addf.Sessions Court(Adhoc)-[l,

Ernakulam of the Family Court, Ernakulam can be be modified as Rs.16,000/-

(Rupees Sixteen thousand only) per month instead of Rs.20,000/-per month.

3. Appellant agrees to pay Rs.16,000/-each per month as maintenance of

children to the A/c No.4063410100`9567 Of the respondent, Ajeesha O.A. with

Kerala Gramin Bank, Thrikkakara Branch with lFSC KLG80040634 on or

before loth day of every English Calendar month commencing from October

2025 until the children attains majority.


                      Mat Appeal Nos.403 of 2025 & 400 of 2025

      Appellant                                                  Respondent

      Haris V.A                                                  Ajeesha O.A

4. Once the eldest child attains majority the maintenance amount to be

Paid thereafter will be @ Rs.11,000/- per month, and after the 2nd child

attains the majority the maintenance amount to be paid shaH be @

Rs.6,000/-(Rupees Six thousand only} per month until the 3rd child attains

majority.

5. Respondent Ajeesha o.A. agrees that the arrears of maintenance as on

today shall not be claimed.

6. Appellant Haris v.A agrees to pay an amount of Rs.6,50,000/-(Rupees

Six lakhs fifty thousand only) and respondent Ajeesha agrees to accept the

said amount in full and final settlement of the amount of compensation of

Rs.8,00,000/-(Rupees Eight lakhs only) decreed by the Family Court,

Ernakulam in OP.No.788/2018.

7.Appellant Haris agrees to pay Rs.3,00,000/-(Rupees Three lakhs only) out

of the above mentioned amount of Rs.6,50,000/-(Rupees Six lakhs fifty '® thousand only) to the above mentioned account of the respondent on or

before 30.09.2025.



                          Mat Appeal Nos.403 of 2025 & 400 of 2025


     Appe'lant                                          Respondent

     Harisv.A+±                                        Ajeesha O.A
                                      .,,.,;='J`£it€
                                   i(:,fbi::?,;faty:





      8. On receipt the copy of Rs.3,00,000/-(Rupees Three lakhs                                   only) as

      mentioned        above,   the   respondent,           Ajeesha           OA    shall   file   necessary

application to lift the order of attachment in I.A.No.1441/18 in OP.No.788n8

on the files of the Family Court, Ernakulam.

9. Appellant Haris agrees to pay the balance amount of Rs.3,50,000/-(Three

lakhs fifty thousand only) Out of the above mentioned amount of

Rs.6,50,000/-(Six lakhs fifty thousand only) within a period of one month

from the date of lifting the above mentioned order of attachment.

10. To raise the above mentioned amount of Rs.3,50,000/-(Three lakhs fifty

thousand only) as mentioned above the appellant, Harts shatl be entitled to

mortgage the above mentioned property of 5 cents and the building therein.

11. Appellant Haris agrees that he shall not create any further liability other

',® than the above mentioned and ex.rsting liability over the above mentioned

property and building.

12. Appellant Haris agrees to discharge the existing and future liability of

Rs.3,50,000/-(Rupees Three lakhs fifty thousand only) in respect of the

above mentioned property and building within a period of three years from

today.


      Appellant

      Haris V.A
                  4_                                                          Respondent

                                                                                  Ajeesha O.A




                                                ``i*.i.#:,.::-;.:::-`:I

13. Appellant Haris agrees to execute and register settlement deed within a

period of Thirty Nine months from today in favour of his 3 children, Hannath

Fathima `V,H, Hadiya VH and H-amdhan V.H traflsferring 5 cents of property in

Re.Sy.No.762/3 in Block No.5 of Thrikkakara North Village with building

situated therein after discharging the liabilities over the property and

building in such a manner that the children will get absolute right in the

property and buitd}ng after the }ifet}me Of the appet}ant Harts.

14. Appellant Haris shall have life interest in the said property and building

and t`e shall be at liberty to take and appropriate the rental {flcome from the

building during his life time.

Mat Appeal Mos.403 of 20.25 & 400 Of 2025

Appellant Respondent

Harisv.ALqu Ajeesha O.A (5).

15. On failure if any on the part of the appellant Haris in making payments

as mentioned above the defaulted amount shall carry interest @ 9% per

annum from the date of defauit till the date of payment.

16. On receipt of the amount of Rs.6,50,000/-as mentioned above (Rupees

Six lakhs fifty thousand only) the respondent, Ajeesha OA shall get the

proceedings }n C.C.No.452/2021 cm the fi.les Of the-` jfcM, Kakka-rta-a quashed

by this Hon'ble Court.

17. On failure if an any on the part of the appellant or respondent in

cofflptyiflg with afly Of the above mentioned terms and -coflditions, the

aggrieved party shall be at liberty to enforce the conditions through Court.





                   Mat Appeal Mos.403 Of 2025 & 400 Of 2025




Appellant                                             Respondent

Harisv.Aqu                                            Ajeesha a.A




                         `-`.

18. On compliance with the above mentioned terms and conditions the

parties shall have no further claims against each other.

20.Parties pray that this Hon'ble Court may be pleased to dismiss

Mat.A.No.4032025 as withdrawn and dispose of Mat.A.No,4002025 and

CRL.RP No.65/2025 by accepting and in terms of this settlement.

Dated this the llth day of September, 2025.




                     Mat Appeal Nos.403 of 2025 & 400 of 2025


Appellant                                             Respondent

Haris V.A                                              Ajeesha O.A

             EE_EEi=
      T`M.~5rfudr`
                                                      I            rf%atyl
Counsel for the Appel[ant                   Counsel for the Res °n[z#tqle_D/aooo

       1< 1 „ I 2nd

This settlement agreement is authenticated by me.

Adv.Mathew Kuriakose(Mediator) VERl`F[CATTON`

We, the parties above named, do hereby solemnly state and declare that what is contained in paragraphs land 20 are true to the best of our knowledge, information and belief.