Disposed

Mohith.M., v. Krishna Satheesan

Kerala HC16 Oct 2019Tr.P(Crl.)/40/2019

Case brief

AI extract

What is this about?

This Criminal Transfer Petition sought to shift a maintenance case from Thrissur to Thiruvananthapuram. The Court found that the matter was settled via mediation, resulting in a divorce petition and specific terms for child custody and maintenance. Consequently, the Court recorded the settlement and disposed of the Transfer Petition.

What did the court decide?

Transfer Petition disposed of on recording the mediation settlement agreement; parties directed to file withdrawal of maintenance petition and divorce petition pursuant to terms.

Mohith.M., Vs Krishna Satheesan — Child Custody and Guardianship | Kerala HC (2019)

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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 ALEXANDER THOMAS

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WEDNESDAY, THE 16TH DAY OF OCTOBER 2019 / 24TH ASWINA, 1941

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Tr.P(Crl.).No.40 OF 2019

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AGAINST THE ORDER/JUDGMENT IN MC 76/2019 OF FAMILY COURT, THRISSUR

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PETITIONER/S:

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MOHITH.M., AGED 35 YEARS, S/O. MOHANKUMAR, T.C.50/750-1, SREE REMYAM, KALADY, THIRUVANANTHAPURAM-695002.

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BY ADV. SRI.THIRUMALA P.K.MANI

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RESPONDENT/S:

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1 KRISHNA SATHEESAN, AGED 29 YEARS, W/O. MOHIT, NEDIYAMPARAMBU VEEDU, KULATHOOR DESOM, NELLAYI P.O, NELLAYI VILLAGE, TRICHUR NOW RESIDING AT SREEKRISHNA NAGARI SOCIETY, KONDHWAE, DHAWADE, PUNE, MAHARASTHRA-411023.

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2 AKSHITHA(MINOR), AGED 6 YEARS, REPRESENTED BY HER MOTHER KRISHNA SATHEESAN, RESIDING AT NEDIYAMPARAMBU VEEDU, KULATHOOR DESOM, NELLAYI P.O, NELLAYI VILLAGE, TRICHUR NOW RESIDING AT SREEKRISHNA NAGARI SOCIETY, KONDHWAE, DHAWADE, PUNE, MAHARASTHRA-411023.

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R1-2 BY ADV. SRI.MAHESH V.MENON R1-2 BY ADV. SRI.P.A.GIREESH KUMAR

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THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 16.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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::2::

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Tr.P(Crl.).No.40 OF 2019

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ALEXANDER THOMAS, J .

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Tr.P(Crl).No.40 Of 2019

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Dated this the 16^th day of October, 2019.

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O R D E R

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The prayer in the above Transfer Petition (Criminal) is as

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follows:

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“Transfer the M.C.No.76 of 2019 pending before the Family Court, Thrissur filed by the Respondent to the Family Court, Thiruvananthapuram in the interest of justice and fairness.”

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Pursuant to the submission made by both sides, this

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Court has directed the parties to the mediation centre for settlement of the disputes through mediation process. Now, it is submitted by both sides that the matter has been settled through mediation effected through the mediation centre. The mediation centre has also made available original of the memorandum of mediation settlement agreement dated 30.8.2019 entered into between the parties. Accordingly, the learned counsel on both sides would submit that this Court may record the said mediation settlement agreement and accordingly dispose of the matter in the light of the said settlement.

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The mediation settlement agreement entered into between the parties through Mediation Centre, Ernakulam, reads as follows:

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::3::

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Tr.P(Crl.).No.40 OF 2019

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“ MEMORANDRUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE KERALA CIVIL PROCEDURE (MEDIATION), RULES, 2008:

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The parties came to a settlement on the following terms and conditions:

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1. The petitioner Mohith in Tr.P(Crl.) 40/2019 and Tr.P(C) 175/2019 and the 1^st respondent Krishna Satheesan are the husband and wife. The 2^nd respondent in Tr.p(Crl.) 40/2019 is their minor child Akshitha. Tr.P(C) 313/2019 is filed by Krishna Satheesh in which her husband Mohith is the respondent.

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2. The husband Mothith and his wife Krishna Satheesh agreed for a divorce and they will jointly file a petition under section 13(B) of the Hindu marriages Act. This petition will be filed in the Family Court, Thrissur on or before 10^th October 2019.

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3. As the wife Krishna Satheesan is now working as a teacher in Pune and the child residing with her and studying in Pune. Regarding the custody of the minor child, the father Mohith is entitled to have a day time interim custody of the child. Towards this purpose, the mother of the child shall bring the child to Thiruvananthapuram Attukal Temple premises. The father of the child is entitled to the custody of the child in day time (10.a.m to 5.p.m) continuously for 5 days. This shall be arranged in the summer vacation of the child. It is also agreed that the father shall have the right to see the child in day time while the child is in the custody of the mother provided the father gives a weeks prior notice.

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4. The father of the child is agreed to pay an amount of Rs.3,000/- per month to the child as maintenance. This amount will be sent to the joint account of the child and mother (A/c No.20352479344, State Bank of India, Kodakara Branch).

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5. In view of the settlement entered in to O.P. No.2932/2018 filed by the husband before the Family Court, Thiruvananthapuram for restitution of Conjugal rights will be withdrawn/compromise. In view of the settlement it is further agreed by the wife Krishna Satheesan that M.C. No.76/2019 filed by her for maintenance of her and child, and O.P. No.231/2019 filed by her for dissolving the marriage before the Family Court, Thrissur will be withdrawn within a month after the filing of 13(B) petition of the Hindu Marriage Act referred above. Both parties shall not make any further claim whatsoever against eachother.

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6. In the event of any default any of the terms of the agreement aforementioned including payment of maintenance amount of Rs.3,000/- either party shall be at liberty to get the same executed through due process of law.

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Dated this the 30^th day of August, 2019.

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::4::

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Tr.P(Crl.).No.40 OF 2019

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Petitioner Respondents sd/sd/Mohith.M Krishna Satheesan

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(Respondent in Tr.P(C) 313/2019) (Petitioner in Tr.P(C) 313/2019)

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sd/Akshitha

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(Minor, Rep. By mother Krishna Satheesan)

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sd/sd/-

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Counsel for the Petitioner Counsel for the Respondents”

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The present Transfer Petition (Crl) relates to transfer of M.C.No.76/2019 from the files of the Family Court, Thrissur, to Family Court, Thiruvananthapuram. Now as per clause (5) of the mediation agreement, the parties have agreed that M.C.No.76/2019 will be withdrawn within a month after the filing of Sec.13B petition under the Hindu Marriage Act, etc.

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The Registry will forward a copy of this order to the Family Court, Thrissur, who is dealing with M.C.No.76/2019 for necessary information.

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Recording the abovesaid terms and conditions of the mediation settlement agreement, the above Transfer Petition (Crl) will stand disposed of.

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Sd/ALEXANDER THOMAS, Judge.

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bkn/-

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::5::

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Tr.P(Crl.).No.40 OF 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE PETITION IN MC.76 OF 2019 PENDING BEFORE THE HON'BLE FAMILY COURT, THRISSUR.

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ANNEXURE A2 TRUE COPY OF THE PETITION IN OP NO.2932/2018 PENDING BEFORE THE HON'BLE FAMILY COURT, THIRUVANANTHAPURAM.

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ANNEXURE A3 TRUE COPY OF THE IA NO.4228 OF 2018 IN OP.NO.2932/2018 PENDING BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM.

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ANNEXURE A4 TRUE COPY OF THE OP NO.231 OF 2019 PENDING BEFORE THE FAMILY COURT, THRISSUR.

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ANNEXURE A5 TRUE COPY OF THE STAY ORDER DATED 01.04.2019 IA NO.1/2019 IN TR.P(C) NO.175 OF 2019 OF THE HON'BLE HIGH COURT OF KERALA.

Mohith.M., v. Krishna Satheesan

Case brief

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Mohith.M., v. Krishna Satheesan

Case brief

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