Disposed

John Daniel v. Jainy John

Kerala HC2 Dec 2022Mat.Appeal/353/2019

Case brief

AI extract

What is this about?

High Court disposed of three connected matrimonial matters (divorce appeal, property injunction appeal, and maintenance revision) filed by the husband against wife and children. All parties had settled disputes in mediation via a memorandum of agreement dated 02.08.2022, rendering court intervention unnecessary for adjudication. Court directed disposal in terms of the settlement.

What did the court decide?

Matters disposed in terms of terms and conditions contained in memorandum of settlement agreement dated 02.08.2022.

John Daniel Vs Jainy John — Maintenance and Alimony | Kerala HC (2022)

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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 ANIL K.NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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FRIDAY, THE 2^ND DAY OF DECEMBER 2022/11TH AGRAHAYANA, 1944

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MAT.APPEAL NO.1161 OF 2018

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AGAINST THE COMMON JUDGMENT AND DECREE DATED 13.07.2018 IN O.P.NO.351 OF 2015 OF THE FAMILY COURT, MAVELIKKARA APPELLANT/PETITIONER:

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JOHN DANIEL, AGED 46 YEARS S/O.EASOW DANIEL, JOHN VILLA, UMBARANADU, KALLUMALA.P.O., THEKKEKKARA VILLAGE, MAVELIKKARA. NOW RESIDING AT JITHU APARTMENTS, MULLIKULAMGARA, THEKKEKARA VILLAGE, MAVELIKKARA.

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BY ADVS.RASHEED C.NOORANAD SMT.M.N.ANITHA

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RESPONDENT/RESPONDENT:

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JAINY JOHN, AGED 43 YEARS D/O.KUNJUKUTTY, JOHN VILLA, UMBARANADU, KALLUMALA.P.O., THEKKEKKARA VILLAGE, MAVELIKKARA-690101.

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BY ADVS.SRI.U.BALAGANGADHARAN SRI.R.PRADEEP KUMAR

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THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 02.12.2022, ALONG WITH Mat.Appeal.353/2019 & RP(FC)NO. 475/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Mat.Appeal No.1161 of 2018 & con.cases

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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 ANIL K.NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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FRIDAY, THE 2^ND DAY OF DECEMBER 2022/11TH AGRAHAYANA,1944 MAT.APPEAL NO. 353 OF 2019

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AGAINST THE COMMON JUDGMENT AND DECREE DATED 13.07.2018 IN O.P.NO.540 OF 2015 OF THE FAMILY COURT, MAVELIKKARA APPELLANT/PETITIONER:

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JOHN DANIEL, AGED 46 YEARS S/O.EASOW DANIEL JOHN VILLA, UMBARANADU, KALLUMALA.P.O., THEKKEKKARA VILLAGE, MAVELIKKRA, NOW RESIDING AT JITHU APARTMENTS, MULLIKULAMGARA, THEKKEKARA VILLAGE, MAVELIKKARA

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BY ADVS.RASHEED C.NOORANAD M.N.ANITHA

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RESPONDENT/RESPONDENT:

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1 JAINY JOHN, AGED 43 YEARS, D/O.KUNJUKUTTY, JOHN VILLA, UMBARANADU, KALLUMALA.P.O., THEKKEKKARA VILLAGE, MAVELIKKARA.

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2 RAJAN KUNJUKUTTY, AGED 59 YEARS S/O.KUNJU KUTTY, PULITHITTA, VADAKKATHIL, VAZHAVADI MURI, THAZHAKKARA.

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BY ADVS.SRI.U.BALAGANGADHARAN SRI.R.PRADEEP KUMAR

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THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 02.12.2022, ALONG WITH Mat.Appeal.1161/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Mat.Appeal No.1161 of 2018 & con.cases

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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 ANIL K.NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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FRIDAY, THE 2^ND DAY OF DECEMBER 2022/11TH AGRAHAYANA,1944

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RPFC NO. 475 OF 2017

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AGAINST THE ORDER DATED 06/07/2017 IN M.C.NO.19 OF 2016 OF THE FAMILY COURT, MAVELIKKARA

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REVISION PETITIONER/RESPONDENT:

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JOHN DANIEL, AGED 43 YEARS, S/O.EASOW DANNIEL, JITHU APARTMENTS, PONAKAM MURI, MAVELIKARA, FROM JOHN VILLA, URBERNAD MURI, THEKKEKARA VILLAGE, MAVELIKARA TALUK.

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BY ADVS.SRI.RINNY STEPHEN CHAMAPARAMPIL SMT.ASHA ELIZABETH MATHEW

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RESPONDENTS/PETITIONERS:

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1 JAINY JOHN, AGED 40 YEARS, JOHN VILLA, URBERNAD MURI, THEKKEKARA VILLAGE, MAVELIKARA TALUK - 690107

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2 JITHU.D.JOHN (MINOR), AGED 13 YEARS, JOHN VILLA, URBERNAD MURI, THEKKEKARA VILLAGE, MAVELIKARA TALUK.REP. BY MOTHER, JAINY JOHN, JOHN VILLA, URBERNAD MURI, THEKKEKARA VILLAGE, MAVELIKARA TALUK. 690107.

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3 JIYA JOHN, (MINOR) AGED 10 YEARS, JOHN VILLA, URBERNAD MURI, THEKKEKARA VILLAGE, MAVELIKARA TALUK, REP. BY MOTHER, JAINY JOHN, JOHN VILLA, URBERNAD MURI, THEKKEKARA VILLAGE, MAVELIKARA TALUK 690107.

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Mat.Appeal No.1161 of 2018 & con.cases

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BY ADVS.SRI.U.BALAGANGADHARAN SRI.R.PRADEEP KUMAR

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THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 02.12.2022, ALONG WITH Mat.Appeal.1161/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Mat.Appeal No.1161 of 2018 & con.cases

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JUDGMENT/ORDER

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Since common issues are raised, these appeals and revision petition are heard together and are being disposed of by this common judgment/order.

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2 . Mat.Appeal No.1161 of 2018:- The appellant is the petitioner in O.P.No.351 of 2015, which is one filed against the respondent herein-wife seeking a decree of divorce under Section 10 of the Divorce Act. That original petition ended in dismissal by the judgment and decree dated 13.07.2018, which is under challenge in this appeal filed under Section 19(1) of the Family Courts Act, 1984. This appeal was filed along with C.M.Application No.1 of 2018 seeking an order to condone the delay of 63 days.

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2.1. On 03.01.2019, when this appeal came up for admission, this Court issued consolidated notice to the respondent by speed post in the appeal and the delay condonation application.

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2.2. By the order of this Court dated 01.11.2021, the delay of 63 days in filing the appeal was condoned. The appeal was admitted and both parties were directed to appear

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-6Mat.Appeal No.1161 of 2018 & con.cases

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before the Nodal Officer, Ernakulam Mediation Centre in the premises of this Court on 15.11.2021 at 10.15 a.m.

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Mat.Appeal No.353 of 2019:- The appellant filed O.P.No.540 of 2015 before the Family Court, Mavelikkara against the respondents herein (wife and brother-in-law) seeking decree of prohibitory injunction and to set aside the Sale Deed No.937 of 2008 dated 01.04.2008 of the Sub Registrar Office, Mavelikkara. That original petition ended in dismissal by the judgment and decree dated 13.07.2018. Feeling aggrieved, the appellant is before this Court in this appeal filed under Section 19(1) of the Family Courts Act, 1984. This appeal was filed along with C.M.Application No.1 of 2019 seeking an order to condone the delay of 230 days.

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3.1. On 27.05.2019, when this matter came up for admission, this Court issued notice to the respondent in C.M.Application No.1 of 2019 by speed post. By the order dated 08.09.2021, the delay was condoned on payment of cost.

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R.P.(FC)No.475 of 2017:- The petitioner is the respondent in M.C.No.19 of 2016 on the file of the Family

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-7Mat.Appeal No.1161 of 2018 & con.cases

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Court, Mavelikkara, which is one filed by the respondents herein (wife and minor children) under Section 125(1) of the Code of Criminal Procedure, claiming maintenance. In the said Miscellaneous Case, the Family Court passed an order dated 06.07.2017. The operative portion of that order reads thus;

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“The respondent is directed to provide maintenance at the rate of Rs.7,500/- (Rupees seven thousand and five hundred only) each per month to the second and third petitioners with effect from the date of filing of this petition (03.03.2016). The petitioners are only entitled to realise the arrear amount after deducing the amount if any paid by the respondent during the pendency of the petition.”

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Feeling aggrieved by the aforesaid order, the petitioner is before this Court in this revision petition, invoking the provisions under Sections 397 & 401 of the Code of Criminal Procedure, 1973 read with Section 19(4) of the Family Courts Act, 1984.

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4.1. On 12.10.2017, when this revision petition came up for admission, this Court issued notice to the respondents by speed post. In Crl.M.A.No.5286 of 2017, this Court granted an interim stay for a period of two months, on condition that the petitioner herein pays and continues to pay a sum of

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-8Mat.Appeal No.1161 of 2018 & con.cases

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Rs.5,000/- to the 2^nd respondent and Rs.2,000/- to the 3^rd respondent and also deposits half of the arrears that has accrued till that time, within one month from that date. If the amount is deposited, it shall be disbursed to the 1^st respondent herein on behalf of the 2^nd and 3^rd respondents. The said interim order, which was extended from time to time, was extended until further orders on 24.01.2020.

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During the pendency of these matters, by the order of this Court dated 28.06.2022, the parties were referred for mediation before the Ernakulam Mediation Centre, in the premises of this Court.

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Now, the parties have settled the disputes in mediation. They have entered into a memorandum of settlement agreement dated 02.08.2022, which is placed on record along with the report dated 02.08.2022 of the Mediator.

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7 . Today, when this matter is taken up for consideration, the learned counsel on both sides would submit that the parties have settled the disputes in mediation, and they have also acted in terms of the terms and conditions

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contained in the memorandum of agreement dated 02.08.2022.

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In such circumstances, recording the aforesaid submissions made by the learned counsel on both sides, these matters are disposed of in terms of the terms and conditions

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contained in the memorandum of agreement dated 02.08.2022, which shall form part of this judgment.

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Sd/-

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ANIL K.NARENDRAN, JUDGE

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Sd/-

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P.G. AJITHKUMAR, JUDGE

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AV/7/12

John Daniel v. Jainy John

Case brief

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John Daniel v. Jainy John

Case brief

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