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Kerala High Court
Basheer P.A vs Shinemol on 20 January, 2026
Author: Devan Ramachandran
Bench: Devan Ramachandran
Mat.A Nos.629/2025 & 868/2025 1 2026:KER:5582
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
TUESDAY, THE 20TH DAY OF JANUARY 2026 / 30TH POUSHA, 1947
MAT.APPEAL NO. 629 OF 2025
AGAINST THE JUDGMENT DATED 27.02.2025 IN OP NO.576 OF 2014
OF FAMILY COURT, IRINJALAKUDA
APPELLANTS/RESPONDENT NOS.2 AND 3:
1 BASHEER P.A.
AGED 77 YEARS
S/O.ABDUL RASAK, PALAYAMKOTT HOUSE,KALATHODE DESOM,
OLLUKKARA VILLAGE, THRISSUR TALUK,
THRISSUR DISTRICT - PIN - 680655
2 BADARNISHA @ MANI
AGED 66 YEARS
W/O. BASHEER P.A., PALAYAMKOTT HOUSE, KALATHODE DESOM,
OLLUKKARA VILLAGE, THRISSUR TALUK,
THRISSUR DISTRICT, PIN - 680655
BY ADVS.
SHRI.SANTHOSH P.PODUVAL
SMT.R.RAJITHA
SMT.CHITHRA S.BABU
RESPONDENTS/PETITIONERS & RESPONDENT NO.1:
1 SHINEMOL,
AGED 38 YEARS, D/O. MUHAMMED BASHEER, PALAYAMKOTT
HOUSE, AZHIKODE DESOM & VILLAGE, KODUNGALLUR TALUK,
THRISSUR DISTRICT. W/O. BOSKY, PALAYAMKOTT HOUSE,
KALATHODE DESOM, OLLUKKARA VILLAGE, THRISSUR
TALUK,THRISSUR DISTRICT -, PIN - 680655
2 AMELIYA,
AGED 16 YEARS, D/O.BOSKY, PALAYAMKOTT HOUSE, AZHIKODE
DESOM & VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT
- 680666
REPRESENTED BY HER MOTHER AND GUARDIAN SHINEMOL
Mat.A Nos.629/2025 & 868/2025 2 2026:KER:5582
3 BOSKY P.B.
AGED 47 YEARS, S/O.P.A.BASHEER, PALAYAMKOTT HOUSE,
KALATHODE DESOM, OLLUKKARA VILLAGE, THRISSUR
TALUK,THRISSUR DISTRICT, PIN - 680655
THE ADDRESS OF R2 CORRECTED AS PER ORDER DTD.9.1.2026 IN I.A
NO.1/2026 IN MAT.A NO.629/2025
BY ADVS.
SRI.RAJESH CHAKYAT
SRI.P.K.SAJEEV
SMT.ATHIRA K. SALIM
THIS MATRIMONIAL APPEAL HAVING COME UP FOR HEARING ON
20.01.2026, ALONG WITH Mat.Appeal.868/2025, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
Mat.A Nos.629/2025 & 868/2025 3 2026:KER:5582
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
TUESDAY, THE 20TH DAY OF JANUARY 2026 / 30TH POUSHA, 1947
MAT.APPEAL NO. 868 OF 2025
AGAINST THE JUDGMENT DATED 27.02.2025 IN OP NO.576 OF 2014
OF FAMILY COURT, IRINJALAKUDA
APPELLANT/1ST RESPONDENT:
BOSKY.P.B
AGED 48 YEARS
S/O.P.A.BASHEER, PALAYAMKOTT HOUSE, KALATHODE DESOM,
OLLUKKARA VILLAGE, THRISSUR TALUK, NOW RESIDING AT
KAIVALYA APARTMENT NO 217, 1ST FLOOR, NEAR GOVERNMENT
BOYS HIGH SCHOOL,
KODUNGALLUR., PIN - 680664
BY ADV SRI.P.K.SAJEEV
RESPONDENTS/PETITIONERS AND RESPONDETNS 2 AND 3:
1 SHINEMOL
AGED 39 YEARS
D/O.MUHAMMED BASHEER, PALAYAMKOTTAI HOUSE, AZHIKODE
DESAM AND VILLAGE, KODUNGALLUR TALUK AND WIFE OF
BOSKY, PALAYAMKOTT HOUSE, KALATHODE DESOM, OLLUKKARA
VILLAGE, THRISSUR TALUK,
THRISSUR DISTRICT., PIN - 680665
2 AMELIYA,
AGED 16 YEARS, D/O.BOSKY, PALAYAMKOTT HOUSE, AZHIKODE
DESOM & VILLAGE, KODUNGALLUR TALUK,
THRISSUR DISTRICT - 680666
REPRESENTED BY HER MOTHER AND GUARDIAN SHINEMOL
Mat.A Nos.629/2025 & 868/2025 4 2026:KER:5582
3 BASHEER.P.A.
AGED 78 YEARS
S/O.ABDUL RADAK, PALAYAMKOTT HOUSE, KALATHODE DESOM
OLLUKKARA VILLAGE, THRISSUR DISTRICT., PIN - 680665
4 BADARNISHA @ MANI
AGED 67 YEARS
W/O.BASHEER.P.A., PALAYAMKOTT HOUSE, KALATHODE DESOM,
OLLUKKARA VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT.,
PIN - 680665
THE ADDRESS OF R2 CORRECTED AS PER ORDER DTD.9.1.2026 IN I.A
NO.1/2026 IN MAT.A NO.629/2025
BY ADVS.
SRI.RAJESH CHAKYAT
SHRI.SANTHOSH P.PODUVAL
SMT.R.RAJITHA
SMT.CHITHRA S.BABU
SMT.P.S.AISHWARYA NAIR
SMT.ATHIRA K. SALIM
THIS MATRIMONIAL APPEAL HAVING COME UP FOR HEARING ON
20.01.2026, ALONG WITH Mat.Appeal.629/2025, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
Mat.A Nos.629/2025 & 868/2025 5 2026:KER:5582
DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ.
-------------------------------------------
Mat.Appeal Nos.629/2025 & 868/2025
-------------------------------------------
Dated this the 20th January, 2026
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 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 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 the parties, Mat.A
Nos.629/2025 and 868/2025 stand disposed of in terms of the settlement.
4. The parties are directed to act implicitly in terms of the
memorandum of settlement and shall comply all the terms therein, which do
form part of this judgment.
Sd/-
DEVANRAMACHANDRAN, JUDGE
Sd/-
M.B.SNEHALATHA, JUDGE
ab
BEFORE THE IION'BLE HIGH COUFIT OF KERALA AT ERNAKULAM
Basheer P.A & Anr Appellants
Vs
Shinemol & Others Respondents
MEMORANDUM 0F SETTLEMENT FILED UNDER SECTloN 89 0F ThE
CODE OF CIVIL PROCEDURE READ VVITh RulES 24 & 25 0F Tl+E
CIVIL pRocEDURE fAi:rERNATI`rE DispuTE REsoLUTloNl. RULES.
2QQ&:
It is hilmbly submitted that the entire matter between the parties
are settled before the mediator on the following terms and
conditions:-
1. The Appellants in Mat Appeal Nos.629 Of 2025 and 868 of 2025
agreed to pay Rs.80,00,000/- (Rupees Eighty lakhs only) in
six months i.e, commencing from 06/02#026. Out of this said
amount Rs.20,00,000/- (Rupees ltwenty lakhs only) will be payable in
the name of 2nd respondent (minor).
2. The first instalment of Rs.20,00,000/- (Rupees liventy lakhs only) will
be paid to Shinemol/lst respondent on 06/02#026.
Respondents:
:.PB=s'::::Sp:.AOf± 1.shinemoi dr
Llti
2.Badamisha@Manifl'k.OC!L± 2. Ameliya(Rep by mother/Shlnemol)
3 Bosky PBj±
Appellant: Respondents:
1.BOskyp.83fegiv 1. Shinemol
2. Ameliya(Rep by mother/Shinemol) .ti
3.BasheerpA4GZ66±
"adarnisha@Man'ir)'lc.B.rJ±
3. The second instalment of Rs.20,00,000/- (Rupees Twenty lakhs only)
will be paid to Shinemol/1st respondent on 06/03/2026.
4. The third instalment of Rs.10,00,000/-(Rupees Ten lakhs only) will be
paid to Shinemol/1st respondent on 06/04/2026.
5. The fourth instalment of Rs.10,00,000/- (Rupees Ten lakhs only) will
be paid to Shinemol/1st respondent on 06/05#026.
6. The fifth instalment of Rs.20,00,000/-(Rupees Twenty lakhs only) will
be deposited in the name of 2nd respondent (minor) as agreed in the
2nd clause above. For enabling the same the lst respondent shall open
a Joint Account in a Nationalised Bank in the name of 2nd respondent
(minor).
7. On payment of the amount as agreed the parties agreed to settle the
entire monetary and other dispute between them.
8. The amount deposited in the name of 2nd respondent shall be
deposited in Fixed Deposit for a period of six years and the
lst respondent will be the nominee of the said Fjxed Deposit.
Respondents!
:.pB=s'::::5p:.Az32fr# 1. Shinemol dr
2. Badamisha @ Mani fl.t.B'riL± 2. Amellya(Rep by rrother/Shinemol) ts:J
3. Bosky P.B ±
AppeLlaht: Respondents:
1Buskyp.B# 1.shirtemol gr
2. Ameliya(Rep by mother/Shinemol) 8=
3 Basheer PA 25= fl±
4. Badarnisha @ Mani fl`k.e>'r)tdr
9. The appellants shall pay the agreed amount to Account
No.0174053000018048, South lndian Bank, Azhikode Branch,
IFSC-SIBL0000174 of the lst respondent.
io. On completing the payment as agreed the appellants can file petition
in OP No.576/2014 before the Family Court, lrinjalakuda to lift the
attachment and the lst and 2nd respondents agreed to give their No
Objection to the said petition.
11. The Appellants in both the appeal can have the interim custody of
the 2nd respondent once in a month between 8.00 am to 5.00 pm.
The lst respondent also agreed to give the interim custody of the
child between 8.00 am to 5.00 pm on important occasions, if the
2nd respondent is willing to go with the appellants.
12. The first respondent Shinemol agreed to withdraw MC No.47/2024
before the jFCM Court, Kodungallur on the basis of the above
settlement within two months.
Appel'ants: Respondents:
1. Basheer P.A G?rfe 1. Shinemol
2.Badarnjsha@Mani©`K.B'J4± 2. Ameliya(Rep by mother/Shinemol)
3.Boskyp.B±
MA.NO. e68 Of 2025
Appellant= FLespond®nts:
1.BOskyp.B=Egr 1. Shinemol
2. Ameliya(Rep by mother/Shinemol)
3. Basheer P.A C5= JHh4~
4. Badarnisha @ Mani fi `k. B.d±
13. If the appellant failed to comply any of the conditions, the lst and
2nd respondents can execute the judgments in OP No.576/2014 on
the file of Family Court, lrinjalakuda as decreed.
Dated this the 6th day of |anuary, 2026.
Appellants: Respondents:
1. Basheer P,A 1.Shinemo| `JBL``
¥"fEdEL
2. Badamisha @ Mani 2. Ameliya(Rep by mother/Shinemol) J8L.
MA.NO. 86e Of 2025
3. Bosky P.B ±
Appe'lant: Respondents:
1 BoskypB # 1.shinemol gr
2. Ameliya(Rep by mother/Shinemol) gr=;
3.BasheerpA6indr±
4. Badarnisha @ Mani rj)'k
cEL\<'\`?.o#`A -````: ,---+`.`---`
Adv#a±e#rtzeL:P/:e±Ia¥Sin Advocate for the Respondents
e.esrchutTha 3, z£4 u` -:T-:-:-:-;€=:
r\a+A 86€(2_S i\:i:T!Rr`d,`^``
•.i
:....;
``:¥{£&.#jr-/
The above Settlement Agreement is authenticated by
Adv. Dennis Varghese (Mediator)
