Disposed

Sithara.K.S, v. Vineesh M.

Kerala HC2 Nov 2022Mat.Appeal/492/2021

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a matrimonial appeal, a second matrimonial appeal, and a revision petition filed by a wife and minor child against their husband. The disputes were settled in mediation, resulting in a memorandum of settlement agreement dated 13.10.2022, which forms part of the order.

What did the court decide?

The appeals and revision petition disposed of in terms of the terms and conditions contained in the memorandum of settlement agreement dated 13.10.2022.

Sithara.K.S, Vs Vineesh M. — Matrimonial and Divorce | 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
WEDNESDAY, THE 2ND DAY OF NOVEMBER 2022 / 11TH

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KARTHIKA, 1944

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MAT.APPEAL NO.492 OF 2021

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AGAINST THE JUDGMENT DATED 17.05.2019 IN O.P.NO.92 OF
2017 ON THE FILES OF THE FAMILY COURT, KOZHIKODE

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APPELLANT:

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SITHARA K.S.,
D/O. SURENDRAN, KOLAKKOTTA, KAYYUNNIMMAL P.O.,
KAKKODI, KOZHIKODE DISTRICT.

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BY ADVS.
SHARAN SHAHIER
MINTU CHERIYAN
LILIN LAL

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RESPONDENT:

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VINEESH M.,
S/O. BALAN, ANAKHA NIVAS, SOOTHRAMKATTIL,
KOTHAMANGALAM, KOYILANDY, KOZHIKODE DISTRICT -
673 305.

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BY ADVS.
SREEJITH CHEROTE
A.RANJITH NARAYANAN
A.SIMI

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THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION
ON 02.11.2022 ALONG WITH MAT. APPEAL NO.574 OF 2021 AND
CONNE. CASE, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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Mat. Appeal No.492 of 2021 and conne. case

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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
WEDNESDAY, THE 2ND DAY OF NOVEMBER 2022 / 11TH

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KARTHIKA, 1944

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MAT.APPEAL NO.574 OF 2021

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AGAINST THE JUDGMENT DATED 17.05.2019 IN O.P.NO.1027 OF
2015 ON THE FILES OF THE FAMILY COURT, KOZHIKODE

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APPELLANT:

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SITHARA K.S.,
D/O. SURENDRAN, KOLAKKOTTA, KAYYUNNIMMAL P.O.,
KAKKODI, KOZHIKODE

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BY ADVS.
SHARAN SHAHIER
MINTU CHERIYAN

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RESPONDENT:

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VINEESH M,
S/O. BALAN,
ANAKHA NIVAS, SOOTHRAMKATTIL,
KOTHAMANGALAM,
KOYILANDY, KOZHIKODE-673 305

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THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION
ON 02.11.2022 ALONG WITH MAT. APPEAL NO.492 OF 2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Mat. Appeal No.492 of 2021 and conne. case

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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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WEDNESDAY, THE 2ND DAY OF NOVEMBER 2022 / 11TH

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KARTHIKA, 1944

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R.P.(FC)NO.308OF 2022

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AGAINST THE JUDGMENT DATED 17.05.2019 IN M.C.No.322 OF

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2015 ON THE FILES OF THE FAMILY COURT, KOZHIKODE

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REVISION PETITIONERS:

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1 SITHARA K.S.,
D/O. SURENDRAN, KOLAKKOTTU HOUSE,
KAYYUNNIMEETHAL, KAMALAKUNNU P.O., KAKKODI,
KOZHIKODE.

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2 MIYA VINEESH,

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AGED 8 YEARS,

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D/O. VINEESH, MINOR, REPRESENTED BY MOTHER
SITHARA K.S., D/O. SURENDRAN, KOLAKKOTTU
HOUSE, KAYYUNNIMEETHAL, KAMALAKUNNU P.O.,
KAKKODI, KOZHIKODE.

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BY ADV SHARAN SHAHIER

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RESPONDENT:

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VINEESH M., AGED 44 YEARS,
S/O. BALAN, ANAKHA NIVAS, SOOTHRAMKAATTIL,
KOTHAMANGALAM P.O., KOYILANDY TALUK,
KOZHIKODE-673 305.

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THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR
ADMISSION ON 02.11.2022 ALONG WITH MAT. APPEAL NO.574 OF
2021 AND CONNE.CASE, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

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Mat. Appeal No.492 of 2021 and conne. case

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JUDGMENT/ORDER

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Anil K. Narendran, J.

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Mat. Appeal No.492 of 2021:- The appellant is the

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respondent-wife in O.P.No.92 of 2017 on the file of Family Court, Kozhikode, which was filed by the respondent hereinhusband seeking restitution of conjugal rights. By the judgment and decree dated 17.05.2019, the Family Court allowed that original petition. Challenging the judgment and decree dated 17.05.2019 in O.P.No.92 of 2017, the appellant filed this Matrimonial Appeal, invoking Section 19(1) of the Family Courts Act, 1984, along with C.M.Application No.1 of 2021 to condone the delay of 273 days in filing the appeal, which was condoned by the order dated 01.09.2022. The appeal was admitted on 22.08.2022 and the parties were referred for mediation before the District Mediation Centre, Kozhikode on 22.09.2022.

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Mat. Appeal No.574 of 2021:- The appellant filed O.P.No.1027 of 2015 on the file of Family Court, Kozhikode, which was one filed against the respondent herein-husband for return of gold ornaments and movables. By the judgment and decree dated 17.05.2019, the Family Court allowed

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Mat. Appeal No.492 of 2021 and conne. case

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O.P.No.1027 of 2015 only in part. Challenging the judgment

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and decree dated 17.05.2019 in O.P.No.1027 of 2015, the appellants filed this Matrimonial Appeal, invoking Section 19(1) of the Family Courts Act, 1984, along with an application for condonation of the delay of 270 days, which is condoned by a separate order dated this date, since the parties have settled the disputes in mediation.

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R.P.(FC)No.308 of 2022:- The petitioners filed M.C.No.322 of 2015 on the file of the Family Court, Kozhikode, seeking monthly maintenance from the respondent herein,

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the husband of the 1^st petitioner and father of the 2^nd petitioner. By the order dated 17.05.2019, the Family Court allowed M.C.No.322 of 2015 only in part. Challenging the order dated 17.05.2019 in M.C.No.322 of 2015, the petitioners are before this Court in this revision petition, invoking the provisions under Section 19(4) of the Family Courts Act, 1984, along with Crl.M. Application No.1 of 2021 to condone delay of 210 days in filing this revision petition, which is condoned by a separate order dated this date, since the parities have settled the disputes in mediation.

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Now, the parties have settled the disputes in

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Mat. Appeal No.492 of 2021 and conne. case

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Mat.Appeal Nos.492 of 2021 and 574 of 2021 and also R.P.(FC)No.308 of 2022, in mediation and extended into a memorandum of settlement agreement dated 13.10.2022, which is placed on record in Mat. Appeal No.492 of 2021, along with the report dated 20.10.2022 of the mediation, District Mediation Centre, Kozhikode.

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Today, when these appeals and revision petition are taken up for consideration, the learned counsel on both sides would submit that since the disputes have already been settled by the parties, these matters can be disposed of in terms of the terms and conditions contained in the memorandum of settlement agreement dated 13.10.2022.

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In such circumstances, these appeals and revision petitions are disposed of in terms of the terms and conditions contained in the memorandum of settlement agreement dated 13.10.2022, which shall form part of this judgment/order.

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Sd/- ANIL K. NARENDRAN, JUDGE

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Sd/P.G. AJITHKUMAR, JUDGE

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MIN

Sithara.K.S, v. Vineesh M.

Case brief

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Sithara.K.S, v. Vineesh M.

Case brief

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