Allowed

Saji Ashokan and Others v. Nithya Soman

Kerala HC13 Jul 2012Mat.Appeal/395/2010

Case brief

AI extract

What is this about?

The High Court disposed of two matrimonial appeals and a cross objection based on a compromise agreement dated 9th July 2012. The agreement resulted in the withdrawal of matrimonial appeals, acceptance of the dissolution decree, and a directed petition to quash pending criminal proceedings. The appeals were settled, and the dissolution appeal was dismissed as not pressed.

What did the court decide?

Matrimonial appeals settled per compromise; dissolution appeal dismissed as not pressed; quashing of criminal proceedings directed via petition.

Saji Ashokan and Others Vs Nithya Soman — Matrimonial and Divorce | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.T.SANKARAN &

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THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS

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FRIDAY, THE 13TH DAY OF JULY 2012/22ND ASHADHA 1934

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Mat.Appeal.No. 395 of 2010 ( ) & CROSS OBJECTION NO.80 OF 2010 -----------------------------OP.894/2008 of FAMILY COURT, THIRUVALLA

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APPELLANT(S)/RESPONDENTS:

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SAJI ASHOKAN, S/O.ASHOKAN, AMBADI HOUSE, PARUTHIYARA, ODANAVATTOM P.O. ODANAVATTOM VILLAGE, KOTTARAKKARA TALUK KOLLAM DISTRICT. (REP. BY POWER OF ATTORNEY HOLDER G.ASOKAN, S/O.GOPALAN, AMBADI HOUSE, -DO -DO-)

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G.ASHOKAN, S/O.GOPALAN, AMBADI HOUSE, -D0-, -DO-.

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SHEELA ASHOKAN @ RAJESWARI ASHOKAN, AMBADI HOUSE, -DO-.

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BY ADVS.SRI.SAJU.S.A SRI.K.C.KIRAN

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RESPONDENT/PETITIONER:

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NITHYA SOMAN, D/O.SOMASUNDARA PANICKER, SREESHYLAM HOUSE, KUZHIKKALA P.O. MALLAPUZHASSERRY VILLAGE, KOZHENCHERRY TALUK PATHANAMTHITTA DISTRICT.

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BY ADV. SRI.V.PHILIP MATHEW

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THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 13-072012, ALONG WITH CO. 80/2010, MA. 396/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.

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Mat. Appeal No.395 of 2010 & Cross Objection No.80/2010 and

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Mat. Appeal No.396 of 2010

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----------------------------------------------Dated 13^th July, 2012. J U D G M E N T

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K.T.Sankaran, J.

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The parties in both the appeals are substantially the same and the disputes are interconnected. Therefore, these appeals are being disposed of by this common judgment.

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Hereafter, the parties are referred to as 'the husband' and 'the wife'.

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O.P.No.894 of 2008 on the file of the Family Court, Thiruvalla was filed by the wife against her husband and his parents for recovery of gold ornaments and money. The Family Court decreed the Original Petition in part, against which the husband filed Mat. Appeal No.395 of 2010. Dissatisfied with the decree passed by the Family Court, in so far as it is against her, the wife filed Cross Objection No.80 of 2010 in Mat. Appeal No.395 of 2010.

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Mat. Appeal No.396 of 2010 arises out of O.P.No.948 of 2009 on the file of the Family Court, Thiruvalla. That Original Petition was filed by the wife for dissolution of

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Mat. Appeal No.395/10 & connected cases

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marriage. The Family Court granted a decree for dissolution of marriage. The husband filed Mat. Appeal No.396 of 2010 challenging that decree.

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The parties were referred for mediation and they

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arrived at a settlement before the Mediation Centre. The

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parties signed the terms of settlement agreement dated 9^th July, 2012. The terms of the settlement are the following :

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“* First Appellant Saji Ashokan will withdraw Matrimonial Appeal No.396/2010 filed against the decree of dissolution of marriage. He accepts the decree. The first appellant and respondent will not have any relationship between them as husband and wife.

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The appellants have paid a sum of Rs.11,50,000/- to the respondent as full and final settlement of all matrimonial claims by D.D.No.158001 drawn on SBT, Pooyappally Branch in favour of respondents Nithya Soman today. Respondent accepts that amount as full and final settlement of all claims arising out of marriage including the amount of Rs.3,76,840/- decreed in O.P.894/2008. She has no further claim including for maintenance, past or future.

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The appellants hereby withdraws Matrimonial Appeal No.395/2010 filed against the judgment in O.P.894/2008. Respondent hereby withdraws the counter claim in the appeal.

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Necessary legal proceedings would be initiated for

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Mat. Appeal No.395/10 & connected cases

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termination of the criminal proceedings now pending before the Judicial First Class Magistrate Court No.1 Pathanamthitta as C.C.No.276/2009. Respondent is not interested in prosecuting the appellants. Parties are jointly filing petition under section 482 Cr.P.C. to quash the proceedings in C.C.No.276/2009.

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Appellants will be entitled to withdraw or get back the amount deposited as per order in I.A.No.1338/2010 in Mat. Appeal No.395/2010. Respondent has no objection in the appellants getting back the amount.

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***** All parties agree that both the appeals can be disposed of recording the compromise and requesting court to make the compromise petition part of the decree. There will not be any legal proceedings among the parties based on any matters arising out of the marriage.”

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Accordingly, Mat. Appeal No.395 of 2010 and

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Cross Objection No.80 of 2010 are disposed of in terms of settlement, and full satisfaction of the decree in O.P.No.894 of 2008 on the file of the Family Court, Thiruvalla is recorded. The respondents in O.P.No.894 of 2008 (appellants in Mat. Appeal No.395 of 2010) would be entitled to withdraw the amount deposited by them before the Family Court, as per the order of this Court in I.A.No.1338 of 2010 in Mat. Appeal No.395 of 2010. Mat. Appeal No.396 of 2010 is dismissed as not

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Mat. Appeal No.395/10 & connected cases

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pressed, in the light of the terms of settlement.

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Sd/-

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K.T.SANKARAN, JUDGE.

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Sd/-

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M.L.JOSEPH FRANCIS, JUDGE.

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tgs

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(true copy)

Saji Ashokan and Others v. Nithya Soman

Case brief

What is this about?

What did the court decide?

Saji Ashokan and Others v. Nithya Soman

Case brief

What is this about?

What did the court decide?

What the court decided

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