In a family revision petition, the Court recorded a mediation settlement agreement wherein parties dissolved their marriage, settled maintenance, and agreed to cancel previous orders. The impugned order was superseded by the settlement, and the petition was disposed of.
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
FRIDAY, THE 22ND DAY OF NOVEMBER 2019 / 1ST AGRAHAYANA, 1941
RPFC.No.245 OF 2018
AGAINST THE ORDER/JUDGMENT IN MC 372/2016 DATED 12-03-2018 OF FAMILY COURT, KANNUR
REVISION PETITIONER/S:
SUDHARKARAN P.C. S/O. JANAKI P.C., AGED 62 YEARS, PALAKKIL CHUNDAYIL HOUSE, CHERUKUNNU P.O., KANNAPURAM VILLAGE, KANNUR TALUK, KANNUR-670301.
BY ADV. SRI.BIJU ABRAHAM
RESPONDENT/S:
RATHIKA K.P.
D/O. DAMODARAN C.V., AGED 47 YEARS, KAIKKUNNATH PUTHIYAVEEDU, PANANGATTOOR P.O., KUTTIYERI VILLAGE, THALIPARAMBA TALUK, KANNUR-670141.
R1 BY ADV. SRI.K.RAJESH SUKUMARAN
THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 22.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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RPFC.No.245 OF 2018
ALEXANDER THOMAS, J .
R.P(FC).No.245 Of 2018
Dated this the 22nd day of November, 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 Sub Centre, Kannur, and the parties have signed the memorandum of mediation settlement agreement dated 1.4.2019 in this case. The learned counsel for the petitioner has also made available a copy of the said mediation settlement agreement 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 AND 25 OF THE CIVIL PROCEDURE (MEDIATION) RULES 2005
MEDIATION SUB CENTRE, KANNUR
OP No. 245 OF 2018
Kannur
P.C Sudhakaran Plaintiffs/petitioners/ Complainants /Appellants
Vs.
Rathika K.P Defendant/s/Respondent/s/ Accused.
The parties above named beg to submit as follows:
1. The aforesaid Suit/s, Petition/s, Appeal/s Complaint were referred to mediation for resolving the dispute between the parties. In the course of mediation, they have resolved their dispute and have agreed to the following terms and conditions.
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RPFC.No.245 OF 2018
ii) Both the parties have settled all their claims and disputes against each other quo (sic) this marriage, with regard to maintenance – Past, present and future, etc. in full and final for a sum of Rs. 14,76,667/-(Rupees Fourteen lakhs Seventy Six Thousand Six Hundred Sixty Seven only) out of which an amount of Rs.71,667/- (Rupees Seventy One Thousand Six Hundred Sixty Seven only) was deposited by the petitioner before the Family Court, Kannur and another amount of Rs. 5,000/-(Rupees Five Thousand only) was sent by him to the Respondent through Money order in compliance with the Kerala High Court order in Crl.MA No.3196/2018 in RP(FC) No. 245 of 2018 (Order against the Appeal filed by the Petitioner against Family Court Kannur's Order in MC.No. 372/2016). The remaining amount of Rs. 14,00,000/- (Rupees Fourteen Lakhs only) will be paid by the Petitioner to the Respondent by way of a Demand Draft on the day of adducing evidence in the joint OP as full and final payment.
It is mutually agreed to cancel the order in MC.No. 372/2016 of the Family Court, Kannur by filing a petition by the petitioner u/s 127 CrPC. The Respondent will be filing an Affidavit in Support of this petition.
The Respondent hereby agrees that the above said amount of Rs. 14,00,000/-(Rupees Fourteen lakhs only) being received by her from the Petitioner is the full and final satisfaction of the decree and judgment passed in OP No. 773/2016 passed by the Family Court, Kannur. Accordingly, the Respondent hereby agrees that she has no objection in releasing the Personal Security of Fixed Deposit Receipt amounting to Rs. 1,50,000/-(Rupees One lakh fifty thousand only) deposited by the Petitioner before the Family Court, Kannur in compliance with the order of the Honourable High Court of Kerala in IA No. 2462/2018 in Mat. Appeal No.673 of 2018.
The Respondent has agreed to return the gold pendant (Thali locket) to the petitioner on the day of adducing evidence in the joint petition for Divorce.
The petitioner has agreed to return the horoscope of the Respondent on the day of adducing evidence in the joint Petition for Divorce.
There are no other items or articles in the custody of the parties belonging to each other and they do not have any claim in that respect. Both parties will not make any claim against each other in future.
The above OP.No.245/2018 is to be dismissed by recording the Mediation Agreement which may form part of the Decree.
2.
In view of the aforesaid agreement entered into between the parties, the parties pray that the Suit/s, Petition/s, Appeal/s be decreed/dismissed/disposed of in terms of the aforesaid agreement.
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RPFC.No.245 OF 2018
3. In view of the aforesaid agreement, the plaintiff/s, applicant/s prays for refund of the full institution fee.
4. Parties will appear on ----------------- the Hon'ble Court for passing orders/Decree in terms of the above said agreement.
| Sd/- Plaintiffs/Petitioners |
Sd/- Defendant/s, |
|---|---|
| /Appellants/Respondents /Complainant/s |
Accused/s |
| Sd/- | Sd/- |
| Advocate for plaintiff/s, Petitioner/s, Appellant/s, Applicants, Complainant. |
Advocate for Defendant/s Respondent/s, Accused.” |
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/-
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RPFC.No.245 OF 2018
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 A TRUE COPY OF THE MEDIATION AGREEMENT DATED 1/4/2019
2 issues framed by the court
Whether the revision petition is maintainable in light of the settlement agreement reached through mediation.
Whether the impugned order should be superseded by the terms of the mediation settlement agreement.
2 provisions across 2 enactments
Sudhakaran P.C.
Rathika K.P.
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
