On mediation settlement where parties agreed to transfer property possession and conclude marital claims, the High Court recorded the agreement, ordered parties to abide by terms, and disposed of the revision petition by superseding the impugned order.
Revision petition disposed of; parties directed to abide by mediation settlement terms; impugned order superseded.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 24TH DAY OF SEPTEMBER 2019/ 2ND ASWINA, 1941
RPFC.No.183 OF 2019
AGAINST THE ORDER/JUDGMENT IN MC 67/2017 DATED 31-10-2018 OF FAMILY COURT, THODUPUZHA
REVISION PETITIONER/S:
UNNICHANDRAN, AGED 54 YEARS, S/O.RAMAN, PACHUPATHICKAL HOUSE, VENNIYANI KARA, PERINGASSERY P.O., UDUMBANNOOR VILLAGE, THODUPUZHA TALUK, PIN-685595.
BY ADV. SMT.M.R.MINI
RESPONDENT/S:
K.MINI, AGED 44 YEARS W/O.UNNICHANDRAN, PACHUPATHICKAL HOUSE, VENNIYANI KARA, PERINGASSERY P.O., UDUMBANNOOR VILLAGE, THODUPUZHA TALUK, NOW RESIDING IN THE RENTED HOUSE OF MANOJ, KUDAYAMPADY BHAGAM, MARIYAMTHURUTH P.O., IYEMANAM PANCHAYATH, KOTTAYAM DISTRICT.
R1 BY ADV. SRI.DOMSON J.VATTAKUZHY
THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 24.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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RPFC.No.183 OF 2019
ALEXANDER THOMAS, J .
R.P(FC).No.183 Of 2019
Dated this the 24th day of September, 2019.
O R D E R
It is submitted by both sides that pursuant to mediatory efforts resorted to by both sides, the matter has been settled through the mediation centre attached to this Court and the parties have signed the memorandum of mediation settlement agreement dated 1.8.2019 in this case. The mediation centre has also reported that the mediation efforts have been successful and a copy of the mediation settlement agreement has also been made available for perusal of this Court, which reads as follows:
“MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION) RULES, 2008.
Both the parties have agreed to settle the dispute between them under the following terms and conditions:
1. It is agreed between the parties that out of the total extent of 60 cents owned and possessed by the petitioner in Venniyani Desom Edamaruku Kara of Udumbanoor Village in Thodupuzha Taluk, an extent of 15 cents on the northern side of the house No.257 in ward No.9 of Udumbannoor Panchayath (eastern side of Manchikallu – Venniyani Road) agreed to transfer the possession and enjoyment of the property to the respondent Mini on or before 01.09.2019.
2. It is also agreed by the petitioner that a double cot, Steel Alamarah, One old T.V and a Nilavilakku belonged to respondent Mini will be given to Mini on or before 01.09.2019.
3. The respondent Mini has further agreed that this is the full and final settlement of all the claims out of the marital relationship
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with the petitioner. Hereafter Mini will not raise any claim out of the marital relationship with the petitioner.
4. The petitioner has agreed that he will not cause any disturbance to the peaceful life of the respondent Mini.”
The terms and conditions of the mediation settlement agreement are hereby recorded. In terms of the said settlement, it is ordered that the parties will abide by the terms and conditions of the settlement and the impugned order in the revisional proceedings will stand superseded by the terms and conditions of the mediation settlement.
With these observations and directions, the above R.P.(FC) will stand finally disposed of.
Sd/ALEXANDER THOMAS, Judge.
bkn/-
1 issue framed by the court
Whether the revisional proceedings should be disposed of in light of a successful mediation settlement.
1 provisions across 1 enactments
Unnichandan
K. Mini
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
