Allowed

P.Nandakumar v. M.P.Latha

Kerala HC20 Dec 2010Mat.Appeal/675/2010

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of matrimonial appeals (Nos. 675/2010 and 682/2010) arising from proceedings on injunction, custody, and mutual consent divorce. Accepting a mediated settlement executed by the spouses, the Court allowed the appeals, set aside impugned orders, accepted the settlement, and directed the return of a deposited amount.

What did the court decide?

Appeals allowed; impugned orders set aside; mediation settlement accepted and appended to decrees; Rs.4,000 deposited with Family Court to be returned to appellant.

P.Nandakumar Vs M.P.Latha — Matrimonial and Divorce | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932

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Mat.Appeal.No. 675 of 2010() ---------------------------AGAINST THE ORDER IN IA 1237/2010 IN OP.791/2008 of FAMILY COURT,KOZHIKODE

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APPELLANT/PETITIONER. ------------------------------------

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P.NANDAKUMAR, S/O.CHANDU, PARACKATT HOUSE, MALAPARAMBA, KOZHIKODE.

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BY ADV. SRI.K.A.SALIL NARAYANAN

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RESPONDENT(S): /RESPONDENTS.

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----------------------------------------------------

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M.P.LATHA, S/O.BALAKRISHNA KURUP, MP HOUSE, NEDUNGOTTUR AMSOM DESOM, P.O.CIVIL STATION, KOZHIKODE-673 020.

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BY ADVS. SRI.SHYJAN C GEORGE SRI.ABHISHEK KURIAN ADV.SRI.S.K.BALACHANDRAN[MEDIATOR]

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THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 20/12/2010, ALONG WITH Mat.Appeal NO. 682 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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tss

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R.BASANT & K.SURENDRA MOHAN, JJ.

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MAT Appeal Nos.675/2010 and 682/2010

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Dated this the 20^th December, 2010

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JUDGMENT

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Basant, J.

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The contestants in these appeals are spouses. They have two minor children also. There were three proceedings before the Family Court between them. In O.P.No.791/2008 from which Mat Appeal No.675/2010 arises, there is a claim for injunction which was dismissed as per the impugned order. O.P.No.499/2008 was filed by the husband for custody of the minor children. The said claim was disallowed, against that Mat.Appeal No.682/2010 is filed by the husband. There was yet another O.P. for divorce filed by the wife. The same was allowed. Against that, the husband had preferred Mat.Appeal No.678/2010. The parties were referred for mediation. The parties have now settled all their outstanding disputes vide the memorandum of mediation settlement arrived at by them dated 2.11.2010. Both spouses have signed the said settlement dated 2.11.2010.

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Mat.A.Nos.675 & 682/2010 2

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The same is duly counter signed by the respective counsel. In Mat.Appeal No.678/2010, parties have agreed that the marriage can be dissolved by mutual consent. A joint application has been filed under Section 13B of the Hindu Marriage Act. Mat.Appeal No.675/2010 now stands posted to a date after six months under Section 13B(2) of the Hindu Marriage Act.

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All other outstanding disputes have been settled between the parties. Both counsel submit that these appeals can now be allowed. The mediation settlement dated 2^nd November 2010 can be accepted. Accepting such settlement, Mat.Appeal Nos.675/2010 and 682/2010 can be disposed of, it is submitted. All the terms incorporated in the mediation settlement have already been complied with. Necessary documents have already been executed, submit both counsel. We are satisfied that the joint request by the parties/counsel can be accepted and these appeals can be disposed of.

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In the result,

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a) Mat.Appeal No.682/2010 is allowed. b) Mat.Appeal No.675/2010 is allowed.

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Mat.A.Nos.675 & 682/2010 3

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c) The impugned orders are set aside. Mediation settlement dated 2.11.2010 is accepted. The said settlement shall be appended to the appellate decrees.

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d) The amount of Rs.4,000/- deposited before the Family Court in compliance with the directions issued on 19.8.2010 in Mat.Appeal No.675/2010 shall be returned by the Family Court to the appellant/husband as agreed by both counsel.

R.BASANT JUDGE

K.SURENDRA MOHAN

JUDGE

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P.Nandakumar v. M.P.Latha

Case brief

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P.Nandakumar v. M.P.Latha

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