Kerala High Court
Soosamma Sibi vs Sibi Jose on 29 September, 2025
Author: Sathish Ninan
Bench: Sathish Ninan
2 0 2 5 : KER : 7 2 7 6 3
IN THE HIGH COURT 0F RERAIA AT .EENAK[JliAM
PRESENT
TEE HONouRABLE in. TusTICE SATHISH NIItaN
&
THE IIONouRABLE in.rtysTlcE p. REISENA KtnmR
ENDAY, THE 29TH DAY OF SEPTREER 2025 / 7TH ASWINA, 1947
MELT.APPEAL NO. 810 0F 2016
AGzilNST THE rul>GrmENT DATED 28.o4.2ol6 IN op No.771 oF 2ol3 oF
FAMILY COURT, OTTAPPELAM
APRELENLANT/PETITIIORER
SOOSAMMA SIBI, AGEI) 48 YEARS
D/o. c.I. cHzicKo,cHAlunaKAI. vREI>u,
pALARA¥AM AMsoM ANI) DEsoM, emlonARKKAI> TELUK,
PALAREAD DISTRICT, BY POWER OF ATTORNEY HOLDER
ANNAmm cHACEro,AGED 73 YEARS, w/o. CmcHo,
cHziliuNRAL vREDu ,£ pAILAKKayAM AMschmND I)EsoM,
MamaARrmD TELt]K, pAlnRIAD DISTRICT
8¥ ADv SRI.NcoRrl NousllaD
RESPONDENT/RESPONDFT :
SIBI COSE,AGED 54 YEARS, S/O. JOSEPH,
RATTUKUDIYIL , RESIDING AT PERINGADAKARAYIL ,
MARADI VILIAGE, MUVZITTUPUZHA, -686673
BY ADVS .
SHRI.NIDHIN RAT VETTIREADAN
sum.ANeALA iezizRIN SUBAIR
SHRI.:aliro FRANcls
sin . MEERA HAIR . I . p
SHRI.MIDHUN s. Kanl7N
`THIS MATRIMONIAL AIPEAII HAVING CORE UP FOR ADMISSION ON
29.og.2o25, THE couRT oN THE Smq DAY DEI,IVIRED IRE col.LowlNG:
2 0 2 5 : KER : 7 2 7 6 3
Sathish Ninan & P. Krishna Kumar, JJ.
Mat Appeal No.810 of 2016
Dated this the 29th day of September, 2025
JUDGMENT
Sathish Ninan. J.
The parties have settled their disputes in mediation.
They have entered into a memorandum of agreement incorporating
the terms of settlement. The appeal is disposed of in terms of
the settlement. The memorandum of agreement will form part of
this ].udgment.
The Registry to return the original records to the
Family Court, forthwith.
Sd/-
Sathish Ninan, Judge
Sd/-
P. Krishna Kumar, Judge
drNkn!!3i9i
apt,,
ERNAKULAM MEDIATION CENTRE
(HIGI.I CoufIT HALL)
(2nd flcor, above SBl, High Court Building, Emakulam, tochi-31.(Ph:0484-2562238}
EMC/Reg No„Q.S.Tll Dated.?i
From
The Nodal Office+,
. High Court Mediation Centre
\TO
The Registrar Uudicial),
High Court Of Kerala, Emaktllam
Sir'
Sub : Mediation of case referred by th,e Hon'ble High Court.of Kerala -
Ref::ee::rraiorderin..M.ftl:..RE.PEft.L.„.§.I.P`..ap.Ub.., $361|o,a
dated .,..§L.?.I.9P.a&of the Hon'ble High court of Kerala.
I,1~,I,,I~
I am to forward herewith Report of the Mediator in the matter along with
the enclosuries for information and necessary action.
Yours Faithfully,
Nodal Officer,
High Court .Mediation Cehtie
-
Encl:-1. Report of the Mediator, Settlemen
• 2. Copy of the referral order dated ..'
P=
#.%nrfmrfe#ithe High Court Of .Kerala
3. Copy of the Petition.
BEFORE THE HONOURABLE HIGH COURT OF KEfIALA AT ERNAKULAM
Soosamma Sibi Appellant
VS
Sibi JOse : Respondent
Mediated, matter is settled,
Terms and conditions are attached herewith.
Dated this the 27th day of September, 2025.
Adv. Parthasarathy M,K
Mediator
High Court Mediation Centre
BEFORE THE HONOUFIABLE HIGH COURT OF KERALA AT ERNAKULAM
Soosamma Sibi Appellant
VS
Sibi JOse : Respondent
MEMORANDRUM OF AGREEMENT UNDER SECTION 89 0F THE CODE OF
CIVIL PROCEDURE READ WITH RULES 24 a 25 0F "E CIVIL PROCEDURE
(A[rERNA"vE DispuTE REsoLUTioN), RULEs, 2oO8:
TThis agreement of settlement is executed on 25th September 2025 between
SOSAMMA SIBY the Appellant in the MAT APPEAL No. 810#016 & MAT APPEAL No.
836#016 herein after called fil.st party and SIBY josE & T.U.UTllAMAN
Respondents in the aforesaid cases herein after called second party and third
party respectively to settle all their disputes as Husband and Wife by dissolving
their marriage and to re-assign the property having an extend of 35 Cents
comprised in Sy.No.2243/6 Part of Palakkayam VIllage, Mannarkkad faluk,
Palakkad District from the name of T.Authaman to the name of Sosamma Siby
by way of executing a registered Sale Deed.
The marriage between First and Second parties was solemnized 27.12.1990 as
per Christian Rites and ceremonies at St' Thomas Church, Chureh Road, Sector-2,
RK Puram, New Delhi. After the marriage the first party went to Saudi Arabia
1992 for work and returned to India in 2002. Though they lived together as
Husband and Wife till 2010 disputes arose between them due to the difference of
opinion and accordingly, they separated each other without any connection or
contact Siby lose filed the case for dissolving the marriage with the Appellant
SOSAMMA SIBY, before the Family Court Muvattupuzha in 2012, it was
transferred to Emakulam and later citing the convenience of first party's mother
to repriesent the first party it was transfemed to Palakkad and subsequently to
Ottappalam.
Mat ADceal No. ale /2016
Appella,nt
Soosamma Sibi @ :bp#
Mat ABBeal l\lo. 836 ra016
App®llant Respondents
Sosamma @ Mini L2Ts:b:jtohsaema#
The case number O.P.No.603/ 2014(old No.O.P.No.405/2013 Family Court
Palakkad) that was dismissed for default, Though both parties strenuously Tried
to settle their dispute amicably by dissolving their marriage, due to the disputes
that arose regarding the 35 cents of land in Palakkad village comprised in Survey
No. 2234/6, which Sosamma's Mother had registered and given to Siby lose vide
the Sale Deed No.4311/1990 of Mannarkkad SRO in his capacity as Sosamma's
husband and which Sibi lose later registered and sold to the name of
T.A. Uthaman who is one of the respondent in the aforesaid Matrimonial Appeal.
In the meanwhile, Sosamma filed O.P.No.771/2013(Old No.300/2013) against
Siby lose claiming Rs 20.50,000/- on account of the Money and Gold Ornaments
alleged to have been misappropriated by him and obtained an order of
Attachment on the aforesaid property which Sibi lose registered and sold in the
name of T.A. Uthaman. In the aforesaid case T.A.Uthamnan filed a Claim Petition
as I.A.No.723/2014, But on 28.04.2016 the Honourable Family Court, Ottappalam
dismissed the O.P.No.771/2013 filed by the Appellant Sosamma Siby and allowed
the claim Petition I.A.No.723/2014 filed by the respondent T.A.Uthaman.
Challenging the Judgment passed in O.P No.771/2013 and the Order passed in
Claim Petition I.A.No.723/2014, the Appellant filed Mat Appeal No.810/2016 &
Mat Appeal No. 836/2016 respectively beforie the Honourable High Court.
When the above cases came up for consideration the Hon'ble High Court
referred both parties and T.A Uthaman for Mediation for settling whole disputes
between them. During Mediation and effective interference of the Mediator, both
parties agreed to settle all their disputes with the terms and conditions mutually
agreed and accepted with the full sense of knowledge and its consequences with
due deliberations with their Counsels. Now this agreement of settlement
witnessed as follows:
Mat Appeal No. ale ra016
Appellant
@H
Soosamma Sibl @ Sosa-mma Siby
Respondent
-:..--`'
Appe'lant Respondents
Sosamma @ Mini 1. T.A uthaman
2. Sibi lose
A) Both First and Second parties have agreed to dissolve their
marriage by way of filing a Mutual petition under Section 10 A of
The Indian Divorce Act 1869 with mutual consent before the
Honourable Family Court,Emakulam, on the date of signing this
agreement. Accordingly, the first and second parties here with
agreed to sign the petition for mutual divorce under Section 10 A of
the Indian Divorce Act prepared to be filed before the Honorable
Family Court, Emakulam without any conditions except the terms
and conditions stipulated here under.
8) Both parties mutually agreed, consented and expressed their
unconditional willingness and full co-operation for filing the mutual
petition for divorce and to participate in its proceedings either in
person or through their respective Counsels including Counseling
and mediations in connection with the divorce petition without
raising any objection. Both parties hereby agree to appear before
the family Court Ernakulam for the purpose of filing the mutual
divorce petition as agreed between the parties without fail on the
date and time scheduled mutually, The both the property transfer
and divorce proceedings proceed simultaneously without delay. The
first party shall sign in the joint petition for divoree and personally
present before the Shirasthadar Emakulam along with Siby lose for
filing and verification Joint petition on the same day of executing
this agreement. And the third-party T.U Uthaman shall personally
present before the Mannarkadu S.R.O for executing the sale deed in
favour Of lst pqrty on the same day when the hon'ble family court,
Emakulam Considering the Joint divorce petition for final disposal. If
the lst party fail to participate in the mutual divorce proceedings
the second respondent, Mr. T.U. Uthaman, shall have the absolute
right to revoke and cancel the said sale deed. If the 3rd party fail to
fuffill the terms and conditions stipulated in this agreement with
respect to the transfer Of property in favour of the lst party, the
lst party shall have every right to withdraw their consent from
mutual divorce petition and proceed further accordance to law.
Appellant Respondent
&p2\2,
Soosamma Sibi @ Sosamma Slby S!bl JOse
Appellant
Sosamma @ Mlnl L4, l\
..de-/
C) The second and third parties with a view to permanently settle their
disputes with the first party, have agreed to relinquish all their right,
title and interest over the property having an extend of 35 Cents
comprised in Survey No. 2243/6 Part of Palakkayam Village,
Mannarkkad Taluk, Palakkad District, absolutely and irrevocably, and
third party agreed accepted and consented to execute a registered
Sale Deed in favor of the first party in transferring his ownership
over the said property to first party. For executing and registering
sale deed in favor of the first party, the second party alone shall
bear the responsibility of paying any amount to the third party, if
applicable, as sale consideration for re-conveyance of the property
and the first party shall not be saddled with any liability towards the
third party on any account.
D) First and second parties mutually agreed and consented that all the
chariges requjried for the purpose of transferring the ownership of
the said property from the 3rd party to lst party, including the stamp
duty, charges for execution documentation and registration shall be
borne solely by the first party, Both parties also mutually agreed
that the process of transfer of ownership of the aforesaid property
shall be registered in the name of lst party/appellant by the
3rd partyIT.A Uthaman and the final consideration of Joint divorce
petition before Hon'ble Family Court Ernakulam, should happen
simultaneously (on the same day). However, both transaction
should be on or before 24/10/2025.
E) The third party hereby agreed and consented to arrange all
necessary documents required for execution of the sale deed in
favor of the first party including but not limited to possession
certificate, location sketch Encumbrance Certificate, Record of
Right(ROR), Land Tax Receipts and Tax clearance Certificates within
that time stipulated for registration of sale deed and to appear
before the Sub Registrar Office Mannarkkad on the date fixed for
registration of Sale Deed, without fail. It is agreed that the cost for
this process will be borne by the first party.
Responden
Soosamma Slbl @ Sosamma Siby Sibl JOse
Appellant
Sosamma @ Mini
F) The execution of the sale deed shall be absolute irrevocable and
unconditional, and the 2nd and 3rd parties shall not have any claim,
lien or right over the aforesaid property, if the Mutual Petition for
divorce filed by the first and second party is properly effected and
fulfilled. In the event the lst party fails to complete the Joint divorce
petition as stated above, the first party shall forfeit all right to
object to or challenge the sale deed executed in her favour before
any court, tribunal, or authority.
G) ln the light of the settlement arrived between the parties, the
lst party agreed to withdraw the Matrimonial Appeal No. 810/2016
and Matrimonial Appeal No. 836/2016 pending before the Honorable
High Court of Kerala by filing petition to withdraw the cases on the
date of execution of aforesaid Sale deed and the date of judgment
in Joint divorce petition.unconditionally. The second party hereby
agreed to withdraw the Divorce Petition filed by him before the
Family Court, Muvattupuzha as O.P.No.630/2024 unconditionally
before filing mutual divorce petition before Family Court, Ernakulam.
H) First and second parties hereby mutually agreed and accepted that
they have retinquished all their claims and demands pLit forward by
each other on all accounts through the petitions and objections filed
before the Family Courts both at Ottappalam and Muvattupuzha in
the aforesaid cases and also agreed that they have no further
complaints or grievance against each other.
I) First and second parties hereby agree, accept, and declare that
there are no outstanding commitments pending between them and
also agreed that neither party shall be obligated nor held liable to
settle any loans, dues, subscriptions, debts or any third-party
financial commitments of other party hereafter.
q:,=]ho.8asfr R®sp®ndent
Soosamma Sibi @ Sosamma Slby Sibi JOse
Mat ABBej]I l\lo. 836 ra016
App®llaht RI±esTpr^N:=Hmck\
Sosamma @ Mini
2. Sibl Jose EEEEE
.6-
j) First and second parties hereby agree, accept, and confirm thatthey
shall refrain from causing any interference, interaction, disturbance,
hurdles, or unnecessary contradiction in each other's personal and
professional matters. Both parties agree that they are prohibited
from using pictures of other party on social media platforms in a
manner that may harm the privacy of the other party. Neither party
engage in any form of communication intended to defame,
disparage, damage the reputation of the other party with respect to
their marital relationship.
K) The second party undertakes not to enter the first party's residence
or property at any time in future and not to cause any disturbance
or harassment to her peaceful living in any manner, in any such
event the first party has every right to take all legal actions against
the second party.
L) The first party Hereby undertakes that she shall not enter the
ancestral residence (Kattukudiyil House) of the second party at
Peringuzha Or his workplace at Keezhillam hereafter, in any such
event the second party has every right to take all legal actions
against the first party.
M) Both parties hereby agree, and accept that all rights claims &
demands between both the parties have been fully settled and
resolved as per the terms and conditions of this agreement through
the mediation and there shall be no further complaints or disputes
or any grievance in this regard between both parties and they have
fully agreed that they will not make any further demands or claims
against each other relating to their marital relationship or pursue
any further legal proceedings or complaints.
Mat Afieeal No. &10 ra016
=;:i:,b,@sceap ¥±ey
Mat ADBeal 1\1®. 836 ra016
Appellant fL®§pond®nts
Sosamma @ Mini 1. T.A uthaman
`' ,~`li:-i:|4/z:`. ` 2. Sibl lose
N) All parties hereby affirms that they have entered into this
Agreement with due deliberation voluntarily without any coercion or
undue influence or threat and with the full sense of knowledge and
its consequences.
0) Based on the complaint of the first party, Crime No. 546/ 2025 is
registered by Elamakkara Police Station against the second party,
The first party shall do not have any objection to quash the FIR as
an when the 2nd party paid an amount of Rs.1,25.000/- as
compensation on or before 24/10/2025.
Dated this the 27th day of September 2025.
Mat ABBeal No. elo raol6
Appellant Ou Responden I-n:±`-\ -
Soosamma Sibi @ Sosamma Siby Sibi JOse
Mat Appeal No. 836 C016
Appellant
Sosamma © Mini 1:.T::,:,t.hsaemzgT
AL
i=..., ;.:.-±i_lit.-i-:'`-1f+ ;ri
c®unse,fortffisLNc¥&n¥N¥\N¥Res;:;#o:tj¥o,vaeo+ah§
counsel for the Res.P,OTf.:^ntsAj ve+hlt`givdr
The above Settlement Agreement is authenticated by me.
J - \ Y|
Adv. Parthasarathy M.K (Mediator)
t,'
ERNAKULAM MEDIATION CENTRE
(HIGH COURT HALL}
(2nd floor, above SBI, High Court Building, Emakulam, Kochi-31.(Ph:0484-2562238)
RIggNo.TrfqrLi_ DatfdL/fo`
From 2-2_
The Nodal Offi`cer,
High Court Mediation Centre,
Ernakulam -31.
TO
The Registrar Uudicial)
High Court of Kerala,
Emakulam.
Sir,
Sub : Mediation of cases of the Hon'ble Court
Ref : Referral order in ..... /P.A.
dated.q.ff|.£4„.OftheHon'b\ehi`ghcoutt'ofroerala.
rs7
please refer to the above. The case under reference is returned to the
igh Court since o,-+eiaifty / both parties failed to appear before the mediation
centre on the date fixed for mediation despite a direction/notice. Hence it is
reported that Mediation could not be conducted. This is for favour of
information and necessary action.
tfet-
Nodal Officer
Ernakulam Mediation Centre
___444__&_a_
--EnilTIT`C6Fy`-6Tf-..T.=.I.I..`.i::=T...i-. lb____
2. Copy of order dated...
