Allowed

Muraleedharan Nair @ Santhosh v. Abitha K.S.

Kerala HC5 Nov 2018Mat.Appeal/293/2018

Case brief

AI extract

What is this about?

A matrimonial appeal before the Kerala High Court was disposed of upon admission. The court noted that the parties had settled issues through mediation under Section 89 CPC and signed a Memorandum of Agreement. The appeal was decreed in terms of this settlement.

What did the court decide?

The appeal is decreed in terms of the settlement arrived at through mediation; the Memorandum of Agreement forms part of the judgment.

Muraleedharan Nair @ Santhosh Vs Abitha K.S. — Matrimonial and Divorce | Kerala HC (2018)

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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 C.K.ABDUL REHIM

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THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

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MONDAY,THE 05TH DAY OF NOVEMBER 2018 / 14TH KARTHIKA, 1940

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Mat.Appeal.No. 293 of 2018

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O.P.NO.2138/2015 of FAMILY COURT,THIRUVANANTHAPURAM, DATED 01-08-2017

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APPELLANTS/RESPONDENTS:

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1 MURALEEDHARAN NAIR @ SANTHOSH AGED 50, S/O.KRISHNAN NAIR, RESIDING AT SRUTHI KRISHNA, SLRA 42, SWAGATH LANE, ELIPPODU, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM.

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2 SANTHA KUMARI AMMA, AGED 68, W/O.LATE KRISHNAN NAIR, RESIDING AT SRUTHI KRISHNA,SLRA 42, SWAGATH LANE, ELIPPODU, VATTIYOORKAVU P.O.,THIRUVANANTHAPURAM.

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3 SINDHU KUMARI, AGED 43, D/O.SANTHA KUMARI, RESIDING AT SRUTHI KRISHNA,SLRA 42, SWAGATH LANE, ELIPPODU, VATTIYOORKAVU P.O.,THIRUVANANTHAPURAM.

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BY ADVS.

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SRI.K.SASIKUMAR SRI.P.S.RAGHUKUMAR SRI.S.ARAVIND

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RESPONDENTS/PETITIONERS:

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1 ABITHA K.S. AGED 41, W/O.MURALEEDHARAN NAIR, RESIDING AT PUNARTHAM, NJARAVILA, THACHOTTUKAVU, MALAYINKEEZHU P.O., KATTAKADA TALUK, THIRUVANANTHAPURAM-695571.

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2 ARCHA AGED 18 YEARS, D/O.MURALEEDHARAN NAIR, RESIDING AT PUNARTHAM,NJARAVILA, THACHOTTUKAVU, MALAYINKEEZHU P.O.,KATTAKADA TALUK, THIRUVANANTHAPURAM-695571.

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Mat.Appeal.No. 293 of 2018 : 2 :

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3 GOWRI AGED 13 YEARS, D/O.MURALEEDHARAN NAIR, RESIDING AT PUNARTHAM,NJARAVILA, THACHOTTUKAVU, MALAYINKEEZHU P.O.,KATTAKADA TALUK, THIRUVANANTHAPURAM-695571.(REPRESENTED BY MOTHER AND GUARDIAN 1ST RESPONDENT).

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BY ADVS. SRI.AJIT G.ANJARLEKAR SRI.GOVIND PADMANAABHAN SRI.G.P.SHINOD SRI.RAM MOHAN.G.

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THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 05.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Mat.Appeal.No. 293 of 2018 : 3 :

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JUDGMENT

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C.K.Abdul Rehim,J.

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The above appeal is filed against the judgment and decree passed by the Family Court, Thiruvananthapuram in O.P.No.2138/2015 dated 1.8.2017.

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2. During pendency of the above appeal, the

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case was referred for mediation to the District Mediation Centre, Thiruvananthapuram, at the request of both the parties. A report submitted by the co-ordinator of the District Mediation Centre, Thiruvananthapuram, dated 9.10.2018 would indicate that the parties have settled all the issues through mediation and the terms of the settlement was reduced into a 'Memorandum of Agreement' executed under Section 89 of the Code of Civil Procedure, which is signed by the first appellant and the first respondent.

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Mat.Appeal.No. 293 of 2018 : 4 :

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3. Counsel for the appellants submitted

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that, the parties have agreed that a decree can

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be passed in this appeal based on the terms of the compromise.

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Accordingly, the above appeal is hereby disposed of in terms of the settlement arrived. The appeal is decreed in terms of the settlement. The 'Memorandum of Agreement' executed between the parties will form part of this judgment.

Sd/-

C.K.ABDUL REHIM

JUDGE

Sd/-

T.V.ANILKUMAR

JUDGE

[True copy]

P.A to Judge

Muraleedharan Nair @ Santhosh v. Abitha K.S.

Case brief

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Muraleedharan Nair @ Santhosh v. Abitha K.S.

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