Dismissed

Pauline @ Pauline Grancy v. v.P.Paul

Kerala HC29 Jun 2012Mat.Appeal/667/2011

Case brief

AI extract

What is this about?

The appel lant wife filed a matrimonial appeal against a Family Court divorce decree originally sought by the husband. Parties signed a settlement mediated on 9.4.2012 involving gold ornaments, Rs.1,75,000, mutual release, and setting aside the prior decree for a divorce by mutual consent. The appellant later accepted an interim decree to permit the husband's immediate remarriage. The High Court d

What did the court decide?

Matrimonial Appeal dismissed confirming the decree in O.P.(Divorce) No.345/2009 on the file of the Family Court.

Pauline @ Pauline Grancy Vs v.P.Paul — 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 & THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS

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FRIDAY, THE 29TH DAY OF JUNE 2012/8TH ASHADHA 1934

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Mat.Appeal.No. 667 of 2011 (A)

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OP(DIVORCE) NO.345/2009 OF FAMILY COURT, ALAPPUZHA

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APPELLANT/RESPONDENT:

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PAULINE @ PAULINE GRACY, D/O.CLEMENT, DATED 32, POLLAYIL HOUSE, ANDHAKARANAZHY P.O. PATTANAKKAD VILLAGE, CHERTHALA TALUK ALAPPUZHA DISTRICT, PIN-688 531.

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BY ADV. DR.V.N.SANKARJEE

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RESPONDENT: PETITIONER:

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V.P.PAUL, S/O.PATHROSE, VATHUPARAMBIL, N.C.C.JUNCTION, THURAVOOR P.O., CHERTHALA ALAPPUZHA DISTRICT-688 532.

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BY ADV. SRI.JOBY CYRIAC

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THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 29-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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I.A.NO.461/2012 IN MAT. APPEAL NO.667/2011

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DISMISSED

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29/6/2012

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SD/- K.T.SANKARAN, JUDGE SD/- M.L.JOSEPH FRANCIS, JUDGE

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//TRUE COPY//

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AHZ/

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

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Mat. Appeal No. 667 of 2011 A

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Dated this the 29^th day of June, 2012

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JUDGMENT

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K.T.Sankaran, J.

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The Matrimonial Appeal arises out of O.P.(Divorce) No.345 of 2009 on the file of the Family Court, Alappuzha. The Original Petition before the Family Court was filed by the respondent/ husband. The Family Court allowed the Original Petition and granted a decree for divorce. The Matrimonial Appeal is filed by the wife.

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The parties settled their disputes and differences before the

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Mediation Centre and a Memorandum of Mediation Settlement Agreement dated 9.4.2012 was signed by the parties and their counsel. The terms of the settlement are the following:

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“1. The appellant and the respondent hereby agree to settle their disputes in the Mat. Appeal No.667/2011 in terms of the following conditions.

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Mat. Appeal No. 667 of 2011 A

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:: 2 ::

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The respondent hereby agreed to handover gold ornaments belongs to the appellant such as one bangle, two rings and Thali and also Rs.1,75,000/- (Rupees One lakh seventy five thousand only) as full and final settlement. The appellant hereby acknowledges that she has received the said amount and the said gold ornaments from the respondent in the presence of the mediator and the respective Advocates.

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The appellant hereby agrees that she will not claim any further maintenance in connection with the marriage tie in between the parties.

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The respondent also agrees that he will not make any further claim in relation with this marriage.

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Both parties hereby agree to have the decree in O.P.(divorce) No.345 of 2009 on the file of the Family Court, Alappuzha set aside by this Hon'ble Court and both parties further agree to have their marriage dissolved by decree of divorce by mutual consent by this Hon'ble Court.

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Both parties agree that they will be free to remarry at any time from today.

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Mat. Appeal No. 667 of 2011 A

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:: 3 ::

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Both parties agree to have the appeal disposed of in terms of this settlement.”

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In terms of the settlement, a joint petition dated 20.6.2012 was filed by the parties under Section 10A of the Divorce Act.

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The learned counsel appearing for the respondent/husband submitted that there is a proposal for marriage for the respondent/ husband and the marriage has to be solemnized immediately. The counsel submitted that if the joint petition under Section 10A of the Divorce Act is posted after six months for final orders, the respondent would be put to great prejudice. On the request made by the respondent, the appellant agreed with grace that the decree for divorce granted by the Family Court may be confirmed and that it is not necessary to pursue the joint petition under Section 10A of the Divorce Act. The learned counsel for the appellant submitted that the appellant has made such a statement to avoid any inconvenience to the respondent/husband and to avoid the delay in his remarriage. The learned counsel for the respondent/husband submitted that the respondent is highly grateful to the appellant/wife for the graceful gesture shown by her.

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Mat. Appeal No. 667 of 2011 A

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:: 4 ::

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Accordingly, the Memorandum of Mediation Settlement Agreement is recorded and the Matrimonial Appeal is dismissed confirming the decree in O.P.(Divorce) No.345 of 2009 on the file of the Family Court, Alappuzha. It is made clear that the Matrimonial Appeal is not dismissed after considering the merits of the contentions of the appellant, but in the peculiar facts and circumstances and the agreement between the parties as mentioned above. It is submitted by the counsel appearing for the parties that the other terms of the Memorandum of Mediation Settlement Agreement have been complied with.

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(K.T.SANKARAN) Judge

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(M.L.JOSEPH FRANCIS) Judge

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ahz/

Pauline @ Pauline Grancy v. v.P.Paul

Case brief

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Pauline @ Pauline Grancy v. v.P.Paul

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