The High Court allowed the appeal against a divorce decree on the petition and relying on the terms and conditions contained in the mediated memorandum of settlement dated 22.10.2022 reached between the parties.
The appeal was disposed of in terms of the Memorandum of Settlement dated 22.10.2022 acknowledging reunion and mutual obligations.
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 TE[E E[IGH COURT OF KERAIA AT I AK[JLAM
PRESENT
TEIE HONOURABLE MR. JUSTICE ANIL K.NARENDRJIN
a
THE E[oNOuRABI,E io. TusTlcE p. G. AplTHKun(AR
WEDNESDAY, THE 16TH DAY OF NOVREER 2022 / 25TH RETE[IRA, 1944
[email protected]. NO. 1116 0F 2017
AGAINST THE ®uD®ENT DATED 3o.o6.2ol7 EN o.p.No.26 or 2oi7 oF FAMII,y counT, TmlnssERy
AppEI.mNT/pETITloNER IN o.p.No.26 oF 2oi7:
sHITuroN . p AGED 42 ±, S/O. PUSHKA~, anuprm¥II., cEIARACELrmA©, ERA . P . 0 . , AIIAPPUZHA DISTRICT.
8¥ ADv. SMT.v.K.E[mn
RESPONDENT/RESPONDENT IN O.P.NO.26 0F 2017:
jueTm.K.N AGED 34, D/O.Nmy7uEN, KUDURAYATEIU , I.C.JOIN -' ts Erom, NE]m GIELs E[ss, PE- R , ERIIAKUIIAM DISTRICT-683 542.
8¥ ADvs. SBI.enNI Govle!D± inRAR SRI . 8 . PRENATH I
TE[Is mmlroNIAI. AppEAL ELAvlNG BEEN FINAI,I,I HEue ON 16.11.2022, TEE COURT CIN THE SAID DAY I)ELIVERED THE FOLI,cmNG :
Mat.Appeal No.1116 0F 2017 2
JUDGMENT
_Anil K. Narendran., J.
The appellant filed O.P.No.26 of 2017 on the file of the Family Court, Thalassery seeking a decree of divorce to dissolve the marriage solemnized between the respondent on 28.04.2008. By judgment and decree dated 30.06.2017, the Family Court, dismissed O.P.No.26 of 2017. Feeling aggrieved, the appellant filed this appeal, invoking the provisions of Section 19(1) of the Family Court.
Mat.Appeal No.1116 0F 2017 3
terms of the terms and conditions contained in the memorandum
of settlement dated 22.10.2022.
``1. Both the parties have mutually agreed for a reunion and to lead a family life together with love, compassi-on and trust.
In the above circumstances, this appeal is disposed of in
terms of the terms and conditions contained in the memorandum
Mat.Appeal No.1116 0F 2017 4
of agreement dated 22.10.2022, which shall form part of this
judgment.
Sd/-
ANIL I(.NARENDRAN JUDGE
Sd/-
P.G. AJITHI(UMAR JUDGE
DCS/19.Il.2022
ERNAKULAM MEDIATION CENTRE
The Nodal Officer, High Court Mediation Centre.
TO The Registrar Uudicial) High Court of Kerala, Ernakulam
a
Sir'
Sub : Mediation of case referred by the Hon'ble High Court of Kerala -
reg.
A4A '116
Ref : Referral drdenin / a)+
dated of the Honorable High Court of Kerala
I am to forward herewith Report of the Mediator in the matter along
with the enclosures for information and necessary action.
yoursFdiir
Nodal Officer, Ernakulam Mediation Centre
€+. / / Encl:-1, Report of the Mediator, Settlement Agreement 2. Copy of the referral order dated ....... „ .... „ of the High Court of Kerala.. 3. Copy of the Petition
BEFORE THE HONOURABI]E HIGH COURT 0F KERAIA AT ERNAKULAM LMa±4nneaL±IQ±1HfiutJ2QH `
a
Shijumon : Petitioner Vs. Amitha : Respondent
ADI£€EEIIIA±S±±MA±ELP.S
rl
Mediated, matter is settled. Memorandum of settlement signed by the parties is forwarded herewith. oqtw wovew`ha. Dated this the pe2nd day of edeker, 2022.
EL,,dr Adv. Geetha Kumari P.S Mediator Ernakulam Mediation Centre
r
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM Mat-4pp-
Shii.umon
Appellant
Vs.
Amjtha
Respondent
A.
MEMORANDUM OF SETTLEMENT FILED UNDER SECTION 89 0F THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 0F THE PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION), RULES, 2008:
Bothpartjesagreetosettletheircaseamicablyinthefollowingtermsandconditions:
Dated this the 22nd day of October, 2022
fr
Appellant
Shjjumon.P. z+ rfe KeralaStateMediationandConciliationCentr€
Higli Court of Kerala
V¥+¥ Kochi - 682 03`1
counselforthevA|P£:nL.Ck//JOG/"4?
Counsel for
Adr. |L CLf+A[ cu~`
1 issue framed by the court
Whether the High Court can dispose of the appeal on merits after parties settle disputes through mediation under Section 89 CPC?
Shijumon P.
Amitha
Anil K. Narendran
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
