Disposed

Saraswathy v. Vikraman

Kerala HC15 Sept 2022Mat.Appeal/186/2022

Case brief

AI extract

What is this about?

On appeal against a decree of dissolution of marriage, the High Court disposed of the matter by recognizing a settlement agreement executed under Section 89 CPC in mediation. The agreement involved property assignment by the respondent to the appellant for full and final settlement of all claims between the parties in related matrimonial cases.

What did the court decide?

Appeal disposed in terms of the settlement agreement dated 12.07.2022.

Saraswathy Vs Vikraman — Matrimonial and Divorce | Kerala HC (2022)

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IN THE HIGE[ couRT oF EGRZLln ]iT ERNAKULAM

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PRESENT

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THE HCINot7RZLBLE in. eusTlcE ANII. K.NAR=NDE`AN

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TEE E[oNouRABLE i4R..usTlcE p.G. ArlTHHnnR

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THURSDAr, THE 15TH I)A¥ oF sEPTrmER 2o22 / 24" BmDRA, 1944

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inT.]LEipEAI, No. 186 oF 2022

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AGAINST TEp= rol>Ge4ENT Ale I)ECREE DATED 3o.og.2o21 IN o.p.No. 8o8 OF 2ol7 CIN THE FILE oF TED Frml.I couRT, pAILhKKhl]

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APEq=I,IANT/RE sporoENT :

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SA- Err

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AGED 35 YEARS D/O . SUE)FREE nooTTAppuRA E[ousE , M[JTHt7KUNNI , JIYILUR POST , ALnTE[uR TELt]K, pAIAREnD , PIN - 678510

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BY JDV.

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R . mRI sELENKnR

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RESpcneEINT/pETITlowER:

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VIE-

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AGED 36 YEus S/0 VIS©TEN, vldn¥ vlELm, m7DAPpAI.I.uR POST , AIAniTHUR TAI,uK, zilARIAD, PIN - 678705

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BY ADV.

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NIREESH mTEb=w

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THls inTRlicoNIAI, AppEAI, ELAVING ccaG up FOR ADonssloN ON 15.og.2o22, THE couRT CIN THE Sm4E DAr I)EI.IVERED THE FOLLChilNG:

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Mat.Appeal No.186 of 2022

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Anil K. Narendran, J.

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The appellant is the respondent in O.P.No.808 of 2017 on the file of the Family Court, Palakkad which was one filed by the respondent herein seeking a decree of nullity of marriage with an alternative prayer for decree of dissolution of the marriage. The said original petition along with connected matters were disposed of by a common judgment dated 30.09.2021. By that judgment, O.P.No.808 of 2017 was allowed, Paragraph 36 of that judgment rreadsthus:

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"36. Point No.5 in O.P No.808 of 2017: In the resuit:

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A. The petition is allowed in part and the decree is passed as follows:

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The marriage of the petitioner and the respondent solemnized on 15.11.2014 is hereby dissolved with effect from the date of decree.

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On drawing up the decree, a true copy of the decree shall be forwarded to the Registrar of Marriages, Guruvayur Municipality, wherein the marriage of the petitioner and the respondent was registered for necessary follow up action.

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a. The prayer of the petitioner for a decree of nullity of marriage is disallowed.

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C. Both paities are directed to suffer their respective costs."

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Mat.Appeal No.186 of 2022

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Challenging thejudgmentand decreedated 30.09.2021, in O.P.No.808 of 2017, the appellant filed this appeal, invoking the

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provisions under Section 19 of the Family Courts Act, 1984. On 15.03.2022, when this appeal came up for admission, this Court admitted the matter on file and issued notice to the respondent by speed post. In I.A.No.1 of 2022, this Court granted an interim stay of operation of decree and judgment in O.P.No,808 of 2017 dated 30.09.2021 on the file of the Family Court, Palakkad, for a period of three months.

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During the pendency of this matter, the parties were referred for mediation. The parties have settled their disputes in mediation. The memorandum of agreement dated 12.07.2022, executed under Section 89 of the Code of Civil Procedure, 1908, read with Rules 24 and 25 of the Kerala Civil Procedure (Mediation) Rules, 2008 is placed on record along with the report of the Mediator dated 12.07.2022.

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Today, when this matter is taken up for consideration, the learned counsel for the appellant and also the learned counsel for the respondent would submit that this appeal may be disposed of in terms of the settlement recorded in the memorandum of

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Mat.Appeal No.186 of 2022

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agreement dated 12.07.2022.

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In such circumstances, this appeal is disposed of in terms of the settlement recorded in the memorandum of agreement dated

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12.07.2022, which shall form part of this judgment.

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Sd/ANIL I(,NARENDRAN JUDGE

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Sd/-

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P,G, AJITHKUMAR JUDGE

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BEFORE THE HONOURABLE HIGH COUFtT OF KERALA AT ERNAKULAM

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Mat Appeal No.186 of 2022

Saraswathy

Appellant

Vikraman Respondent

BMIFTED BY THE MEDIAT

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ADV. P- R.

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Mediated; parties could settled their dispute. Terms of settlement are attached herewith.

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Dated this the 12th day of July, 2022.

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Ernakulam Mediation Centre

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BEFORE THE HONOURABLE HIGH COURT OF I(ERALA AT ERNAKULAM

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Mat. Appeal. No.186 of 2022

Saraswathy

Vikraman

Appellant

Respondent

MEMORANDRUM OF AGREEMENT UNDEF` SECTION 89 0F THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 0F: THE I(ERALA CIVIL PROCEDURE (MEDIATION). RULES. 2008:

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Both parties have decided to settle their dispute on the following terms and conditions:

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Respondent Vikraman has agreed that as part of settlement of

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all the cases filed each other, he will assign the plaint scheduled property shown in O.P. No.1073/2021 and also in O.P. NO.205/2017 of the Family Court, Palakkad, without any

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encumbrence in favour of Appellant Saraswathy. Respondent Vikraman has agreed to close the Home Loan on the property and pay an amount of Rs.2,00,000/-(Rupees Two Lakhs only) as full and final settlement of all the claims of the Appellant

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Saraswathy, against the Respondent Vikraman, out of

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"A,qt:rst. dTrdulerftyorve and ConciLialion C.IWI Kerala Stale High Coun ot K®r.la Koch-682031

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-2-

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0.P.NO.1073/2021, O.P. No.205/2017, O.P. No.808/2017 and M.C.NO.98/2017.

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Appellant Saraswathy has agreed to take steps to lift attachment ordered in respect of the petition scheduled property, so as to facilitate the assignment of the property in favour of the Saraswathy by Vikraman.

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® 3. Both parties have agreed that by this agreement both parties

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shall not have any claims against each other what so ever in the future,

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Appellant Saraswathy has agreed that if any other matter, including any criminal proceedings is pending against Respondent Vikraman and his family members, she will cooperate with the respondent Vikraman to close those matters.

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Dated this the 12th day of July, 2022.

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^6qrfu+j+ap:#fa' Saraswathy

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cgu\n¥TfoTeAppe,,ant

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J\'L®pral Respondent Vikraman _ .f±L

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Counsel for the nt

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ve Kefala State hoe^'a'lon and Con¢iria`ion C.me High Court of Kerala Kochi - 682 031

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VERIFICAtloN

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We, the parties above named, do hereby solemnly state and declare that what is contained in paragraphs 1 to 4 is true to the best of our knowledge, information and belief.

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Dated this the 12th day of July, 2022.

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viNdy Respondent

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drrpjc9.#rty¢ Appellant Saraswathy

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Vikraman

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Saraswathy v. Vikraman

Case brief

What is this about?

What did the court decide?

Saraswathy v. Vikraman

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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