Criminal Revision Petition regarding maintenance order where parties settled via mediation. High Court set aside impugned proceedings in favor of the mediation agreement terms. Matter disposed of.
Impugned proceedings superseded; matter disposed of based on mediation agreement terms.
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 ALEXANDER THOMAS
TUESDAY, THE 13TH DAY OF AUGUST 2019 / 22ND SRAVANA, 1941
Crl.Rev.Pet.No.577 OF 2011
AGAINST THE JUDGMENT IN CRL.A 182/2010 OF II ADDITIONAL SESSIONS COURT,THIRUVANANTHAPURAM
AGAINST THE ORDER IN MC 111/2009 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,THIRUVANANTHAPURAM
REVISION PETITIONER/APPELLANT/2ND RESPONDENT:
MANJU A.NAIR QUARTER NO.54-A, G.BLOCK, SAP QUARTERS,, PEROORKADA, THIRUVANANTHAPURAM.
BY ADVS. SRI.RAM MOHAN.G. SRI.G.P.SHINOD
RESPONDENTS/RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR,, HIGH COURT OF KERALA AT ERNAKULAM.
2 LALITHAKUMARI DO.CHANDRAMATHI AMMA SREESAKTHI, PEROORKADA (PO),THIRUVANANTHAPURAM,, NOW RESIDING AT A.L.NIVAS, VYASAGIRI,, MACHEL(PO), MALAYANKEEZH, THIRUVANANTHAPURAM.
R1 BY ADV. SRI.AJIKHAN.M R1 BY ADV. SMT.MAJIDA.S R1 BY ADV. SRI.K.RAJESH KANNAN
OTHER PRESENT:
SRI.T.R.RENJITH, PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Cr.R.P.No.577/2011
2
ALEXANDER THOMAS, J.
Crl.R.P.No.577 of 2011
Dated this the 13th day of August, 2019
ORDER
The main prayer in the above Criminal Revision Petition is as follows:-
“....pleased to set aside the judgment of the Learned Additional Sessions Judge-II,Thiruvananthapuram in Criminal Appeal No.182 of 2010 and the order of the Judicial First Class Magistrate Court-II, Thiruvananthapuram in M.C.No.111 of 2009 to the extent the said judgment and order are impugned herein.”
parties have entered into a comprehensive settlement through the memorandum of mediation settlement agreement on 29.6.2019 through the District Mediation Centre, Thiruvananthapuram, pursuant to the directions issued by this Court earlier and that this Court may record the terms and conditions of the said mediation agreement and may dispose of the matter. The copy of the above said mediation settlement agreement entered into between the parties through the District Mediation Centre, Thiruvananthapuram on 29.6.2019 has now been made available by the said District Mediation Centre for the perusal of this Court and the said agreement reads as follows:-
“1. The aforesaid Petition were referred to mediation for solving the dispute between the parties. In the course of mediation they have resolved their dispute and have agreed to the following terms and conditions.
(i) That the second respondent mother decided to reside with her elder daughter Maya, at her residence Trivandrum with whom she is living for the last 10 years.
(ii) That the revision petitioner, Manju, shall pay an amount of Rs.4,000/-
Cr.R.P.No.577/2011
3
per month towards her monthly maintenance and said amount shall be deposited in her account number 2034120881 with Central Bank of India, Malayinkeezhu Branch IFC Code No.CBI No.281173. The amount shall be deposited on or before 10th of every month starting from July 2019. (iii) That the revision petitioner Manju also undertakes that she shall pay the entire arrears of maintenance as per the order in MC 111/2009 on or before 2023 December or shall pay by installment along with the monthly maintenance of Rs.4,000/-.
(iv) That the revision petitioner Manju, if she wants may visit her mother on all second Saturdays at Machel Devi Temple on 10 AM.
(v) That if the revision petitioner violates any of the condition mentioned above she has to take care of the 2nd respondent mother at her residence. At that occasion the elder daughter Maya shall pay an amount of Rs.4,000/for the monthly maintenance of the mother. In default the second respondent mother shall realize the amount from her daughter Maya as per law.”
case will stand superseded by the above said terms and conditions in the above said mediation agreement and the parties will be regulated by the terms and conditions of the said mediation agreement in respect of the matters raised in this revisional proceedings.
With these observations and directions, the above Crl.R.P. will stand disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE.
acd
MANJU A.NAIR
STATE OF KERALA
LALITHAKUMARI DO.CHANDRAMATHI AMMA SREESAKTHI
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
