Appeals challenged a divorce dismissal and a decree for return of ornaments. The High Court noted a compromise agreement executed by mediation on 02.03.2017. The appeals were dismissed as disposed due to the settlement, with the decree set aside to enforce the compromise.
Mat. Appeal No.146 of 2014 set aside; parties to comply with compromise agreement.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
FRIDAY, THE 3RD DAY OF MARCH 2017/12TH PHALGUNA, 1938
Mat.Appeal.No. 141 of 2014
JUDGMENT DTD.20.8.2013 IN OP 532/2005 OF FAMILY COURT, THIRUVANANTHAPURAM
APPELLANT(S)/PETITIONER:
JAYAN, AGED 56 YEARS, S/O.BALAKRISHNAN, RESIDING OF POONTHOTTATHU HOUSE, MANNAMTHALA, ULLOOR VILLAGE, THIRUVANANTHAPURAM.
BY ADVS.SRI.SOJAN MICHEAL SRI.V.S.BOBAN
RESPONDENT(S)/COUNTER PETITIONER:
SANDHYA, AGED 42 YEARS, D/O.SUDHA, G-18, GOKULA NAGAR, NEAR SREEKRISHNASWAMY TEMPLE, AMBALAMUKKU, KOWDIAR VILLAGE, THIRUVANANTHAPURAM, PRESENTLY RESIDING AT KRIPADHARA, FRIENDS LANE, PURAVOORKONAM, KARAKKULAM P.O., THIRUVANANTHAPURAM-695 564.
BY ADV. SRI.BASANT BALAJI
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 03-03-2017, ALONG WITH MA. 146/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
msv/
A.M. SHAFFIQUE & K. RAMAKRISHNAN, JJ.
Mat. Appeal Nos.141 & 146 of 2014 --------------------------------------Dated this the 3rd day of March, 2017
JUDGMENT
A.M. Shaffique, J.
The above appeals have been filed by the petitioner in O.P. No.532 of 2005 and the counter petitioner in O.P. No.615 of 2004. O.P. No.532 of 2005 was filed for divorce, which was dismissed. O.P. No.615 of 2004 was filed for return of gold ornaments and money, which was decreed. The parties have now settled the matter by virtue of a compromise agreement entered into by mediation on 23.02.2017, by which they have agreed to reside together and it was agreed by the Court that Rs.50,000/deposited as per order in I.A. No.512 of 2014 in Mat. Appeal No.146 of 2014 shall be withdrawn by the appellant. The parties also agreed not to pursue the contentions raised in both the original petitions. Taking into account the aforesaid facts, there is
Mat. Appeal Nos.141 & 146 of 2014
2
no reason to proceed with the appeal on merits.
Accordingly, the appeals are disposed of as under:
Mat. Appeal No.141 of 2014
The above appeal is dismissed.
Mat. Appeal No.146 of 2014
The decree passed by the Court below is set aside and the parties shall comply with the compromise in terms of the agreement between the parties.
The agreement shall form part of this judgment.
Sd/-
A.M.SHAFFIQUE,
JUDGE.
Sd/-
K. RAMAKRISHNAN, JUDGE.
sp/04/03/17
//True Copy//
P.A. to Judge
2 issues framed by the court
Whether appeals regarding divorce and return of ornaments should be proceeded with after compromise.
Whether the decree in Mat. Appeal No.146 of 2014 should be set aside to give effect to the compromise agreement.
2 provisions across 2 enactments
Jayan
Sandhya
A.M. Shaffique
K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
