Disposed

Abdul Vahab v. Shajida

Kerala HC20 Jun 2012Mat.Appeal/803/2011

Case brief

AI extract

What is this about?

In matrimonial appeals regarding property, maintenance, and custody, the High Court of Kerala disposed of the petitions based on a mediation settlement agreement reached by the parties, modifying prior decrees and setting aside certain orders.

What did the court decide?

The appeals and O.P. were disposed of based on the mediation settlement agreement; the attachment was withdrawn, the custody decree was modified, and the maintenance order was set aside.

Abdul Vahab Vs Shajida — Child Custody and Guardianship | 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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WEDNESDAY, THE 20TH DAY OF JUNE 2012/30TH JYAISHTA 1934

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Mat.Appeal.No. 803 of 2011 ( ) -----------------------------OS.112/2003 OF FAMILY COURT, KOLLAM

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APPELLANT(S)/DEFENDANT:

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ABDUL VAHAB, AGED 43, S/O.MUHAMMED KUNJU YOOSUF, THARIQ MANZIL,NEELIKULAM KARUNAGAPPALLY.

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BY ADV. SRI.S.SACHITHANANDA PAI

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RESPONDENT(S): PLAINTIFF

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SHAJIDA,AGED 38 YEARS, D/O.ABDUL LATHEEF, SAMAD MANZIL, ADINADU SOUTH KATTIKLADAVU PO, PIN 640 542.

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BY ADV. SRI.T.MADHU

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THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 20-06-2012, ALONG WITH MA. 868/2011 AND OTHER CONNECTED CASES, 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 Nos.803, 868 of 2011, R.P.(FC) No.247 of 2011 &

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Mat.Appeal No.135 of 2012

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Dated this the 20^th day of June, 2012

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JUDGMENT

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K.T.Sankaran, J.

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Abdul Vahab married Shajida on 13.5.1990. Two children were born in that wedlock, namely, Thariq and Shabana Nargiz.

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The wife filed O.S.No.112 of 2003 before the Family Court, Kollam, against the husband for return of gold ornaments and money and also claiming maintenance. O.S.No.112 of 2003 was decreed in part. Aggrieved by the decree, the husband filed Mat. Appeal No.803 of 2011 and the wife filed Mat. Appeal No.135 of 2012.

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The wife filed O.P.No.573 of 2006 on the file of

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the Family Court, Kollam, against the husband praying for

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Mat. App. No.803/2011

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custody of the minor child Shabana Nargiz. The Family Court disposed of O.P.No.573 of 2006, granting only visitorial rights to the wife. Challenging the order in O.P.No.573 of 2006, the husband filed Mat. Appeal No.868 of 2011.

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The wife and two minor children filed M.C.No.204 of 1999, on the file of the Family Court, Kollam, claiming maintenance. M.C.No.204 of 1999 was partly allowed and maintenance was granted to the wife alone. The husband filed R.P.(F.C.) No.247 of 2011 challenging the order passed by the Family Court.

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The matter was sent for mediation. However, the disputes could not be settled. Thereafter, at the intervention of mediators in the native place of the parties, they arrived at certain settlement formula. The matter was again sent before the Mediation Centre and the parties arrived at a mediation settlement agreement dated 13^th June, 2012. The mediation settlement agreement was signed by both the parties and their counsel. The terms of the said agreement read as follows :

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Mat. App. No.803/2011

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“1. Shajida is ready to give permission to lift the attachment of the immovable property with an extent of 4.5 cents in survey number 339/17 & 339/10 of Kulasekharapuram Village, in O.S.No.112 of 2003 of the Family Court, Kollam. It is also agreed that she has no objection in releasing the fixed deposit produced in the above case by Abdul Vahab. It is also agreed that Shajida will not raise any claim over decree passed in O.S.No.112 of 2003 of the Family Court, Kollam.

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Abdul Vahab will not stand in the way of Shabana (the minor child of Shajida and Abdul Vahab) in visiting Shajida, if the child desired to meet her.

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The marriage status of the parties will continue until Abdul Vahab purchase 20 cents property, within Karunagappilly Taluk, in favour of the minor child Shabana, born out of the wedlock between Abdul Vahab and Shajida.

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Both parties have agreed to give consent in disposing of the above appeal on the basis of this mediation settlement agreement.”

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It is submitted that in terms of the settlement, the

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Mat. App. No.803/2011

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appeals and O.P. are to be disposed of recording full satisfaction of the decree in O.S.No.112 of 2003, modifying the decree in O.P.No.573 of 2006 and setting aside the order in M.C.No.204 of 1999.

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Accordingly, the Mat. Appeals and R.P.(FC) are disposed of as follows, in terms of the compromise.

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(a) Mat. Appeal Nos.803 of 2011 and 135 of 2012 are disposed of recording full satisfaction in O.S.No.112 of 2003 on the file of the Family Court, Kollam. In terms of the settlement agreement, the attachment shall be withdrawn.

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(b) Mat. Appeal No.868 of 2011 is disposed of and the decree in O.P.No.573 of 2006 is modified to the extent indicated in terms of the compromise.

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Mat. App. No.803/2011

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and the order in M.C.No.204 of 1999 on the file

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of the Family Court, Kollam is set aside.

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The terms of settlement will form part of the decree, order

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and judgment.

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K.T.SANKARAN JUDGE

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M.L.JOSEPH FRANCIS

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JUDGE

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csl

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Mat. App. No.803/2011

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

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Mat. Appeal Nos.803, 868 of 2011, R.P.(FC) No.247 of 2011 &

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Mat. Appeal No.135 of 2012

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-------------------------------------Dated this the 8^th day of June, 2012

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O R D E R

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K.T.Sankaran, J.

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It is submitted by the counsel that though the attempt to settle the case before the Mediation Centre failed, at the intervention of local mediators, the parties were able to arrive at certain formula for settlement. It is submitted that if the parties are allowed to appear before the Mediation Centre, they would be able to settle the case effectively. It is agreed that the parties will appear before the Mediation Centre on 13^th June, 2012. Inform the Nodal Officer.

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Mat. App. No.803/2011

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M.L.JOSEPH FRANCIS

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csl

Abdul Vahab v. Shajida

Case brief

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Abdul Vahab v. Shajida

Case brief

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