Allowed

Babymon.K v. Shyja K.P

Kerala HC4 Oct 2023Mat.Appeal/308/2023

Case brief

AI extract

What is this about?

The High Court of Kerala, hearing three connected matrimonial appeals and revision petition, accepted a settlement between the litigating husband and wife. The Court converted a divorce appeal into a mutual consent petition under Section 13(b) of the Hindu Marriage Act, granting divorce subject to custodial terms, alimony, and the wife relinquishing future maintenance claims for a lump sum.

What did the court decide?

Divorce granted by mutual consent. Custody of the child to the wife; husband to have visitation rights. Husband to pay Rs. 6500 monthly towards child expenses and Rs. 15 lakhs lump sum for wife's main

Babymon.K Vs Shyja K.P — Child Custody and Guardianship | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE AMIT RAWAL

¶4

¶5

THE HONOURABLE MRS. JUSTICE C.S. SUDHA
WEDNESDAY, THE 4TH DAY OF OCTOBER 2023 / 12TH ASWINA, 1945
MAT.APPEAL NO. 610 OF 2021

¶6

AGAINST THE ORDER/JUDGMENT IN OP 11/2019 OF FAMILY COURT, KASARAGOD
APPELLANT/PETITIONER:

¶7

BABYMON K
AGED 45 YEARS, S/O. KUNHAMBU,
R/A. GOKULAM, VAIKAKATH, NADAKKAVU, UDINOOR POST,
NORTH TRIKARIPUR VILLAGE, HOSDURG TALUK,
KASARAGOD DISTRICT – 671310.

¶8

BY ADVS.
SURESH KUMAR KODOTH
SUKARNAN(K/001572/2021)

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RESPONDENT/RESPONDENT:

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SHYJA K.P
AGED 37 YEARS, D/O. K.V. DAMODARAN,
R/A. NEAR VILLAGE OFFICE CHERUVATHUR,
P.O, CHERUVATHUR, CHERUVATHUR VILLAGE,
HOSDURG TALUK, KASARAGOD DISTRICT - PIN – 671313.

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BY ADV JAWAHAR JOSE

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THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 04.10.2023,
ALONG WITH RPFC.62/2023, MAT.APPEAL.308/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:

¶13

MAT.APPEAL Nos.610/2021, 308/2023 &

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RPFC NO. 62 OF 2023

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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 AMIT RAWAL

¶19

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THE HONOURABLE MRS. JUSTICE C.S. SUDHA

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WEDNESDAY, THE 4TH DAY OF OCTOBER 2023 / 12TH ASWINA, 1945

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RPFC NO. 62 OF 2023

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AGAINST THE ORDER/JUDGMENT IN MC 41/2019 OF FAMILY COURT, KASARAGOD

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REVISION PETITIONER/1ST RESPONDENT:

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BABYMON. K
AGED 45 YEARS, S/O LATE KUNHAMBU,
R/AT GOKULAM, VAIKAKATH,
NADAKKAVU, UDINOOR POST,
NORTH TRIKARIPUR VILLAGE, HOSDURG TALUK,
KASARGOD DISTRICT, PIN – 671310

¶26

BY ADVS.
SURESH KUMAR KODOTH
SUKARNAN(K/001572/2021)

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RESPONDENTS/PETITIONERS & RESPONDENTS 3 AND 4:

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1SHYJA K.P
AGED 37 YEARS, D/O K.V. DAMODARAN,
R/AT NEAR VILLAGE OFFICE CHERUVATHUR,
P.O. CHERUVATHUR, CHERUVATHUR VILLAGE,
HOSDURG TALUK,
KASARGOD DISTRICT, PIN – 671313

¶29

MAT.APPEAL Nos.610/2021, 308/2023 &

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RPFC NO. 62 OF 2023

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2RISHABHA
AGED 7 YEARS (MINOR)
S/O K.V. SHYJA.K.P AND BABYMON.K,
REPRESENTED BY 1ST RESPONDENT MOTHER,
R/AT NEAR VILLAGE OFFICE CHERUVATHUR,
P.O. CHERUVATHUR, CHERUVATHUR VILLAGE,
HOSDURG TALUK, KASARGOD DISTRICT, PIN – 671313

¶33

3NARAYANI.K.M
AGED 68 YEARS, W/O LATE KUNHAMBU
R/AT GOKULAM, VAIKAKATH,
NADAKKAVU, UDINOOR POST,
NORTH TRIKARIPUR VILLAGE, HOSDURG TALUK,
KASARGOD DISTRICT, PIN – 671310

¶34

4BINDU.K
AGED 41 YEARS, D/O LATE KUNHAMBU
R/AT GOKULAM, VAIKAKATH,
NADAKKAVU, UDINOOR POST,
NORTH TRIKARIPUR VILLAGE, HOSDURG TALUK,
KASARGOD DISTRICT, PIN – 671310

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BY ADV JAWAHAR JOSE

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THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY
HEARD ON 04.10.2023, ALONG WITH Mat.Appeal.610/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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MAT.APPEAL Nos.610/2021, 308/2023 &

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RPFC NO. 62 OF 2023

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶41

PRESENT

¶42

THE HONOURABLE MR. JUSTICE AMIT RAWAL

¶43

¶44

THE HONOURABLE MRS. JUSTICE C.S. SUDHA

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WEDNESDAY, THE 4TH DAY OF OCTOBER 2023 / 12TH ASWINA, 1945

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MAT.APPEAL NO. 308 OF 2023

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AGAINST THE ORDER/JUDGMENT IN OP 146/2019 OF FAMILY COURT,
KASARAGOD

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APPELLANT/RESPONDENT:

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BABYMON.K
AGED 45 YEARS, S/O LATE KUNHAMBU
R/AT GOKULAM, VAIKAKATH, NADAKKAVU,
UDINOOR POST, NORTH TRIKARIPUR VILLAGE,
HOSDURG TALUK,
KASARGOD DISTRICT, PIN – 671310

¶50

BY ADVS.
SURESH KUMAR KODOTH
SUKARNAN(K/001572/2021)

¶51

RESPONDENTS/PETITIONERS:

¶52

1SHYJA K.P
AGED 38 YEARS,
D/O K.V. DAMODARAN
R/AT NEAR VILLAGE OFFICE CHERUVATHUR,
CHERUVATHUR P.O., CHERUVATHUR VILLAGE,
HOSDURG TALUK, KASARGOD PIN – 671313

¶53

MAT.APPEAL Nos.610/2021, 308/2023 &

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RPFC NO. 62 OF 2023

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5

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2RISHABH
AGED 7 YEARS (MINOR)
REPRESENTED BY 1ST RESPONDENT MOTHER,
R/AT NEAR VILLAGE OFFICE CHERUVATHUR
CHERUVATHUR P.O. CHERUVATHUR, VILLAGE,
HOSDURG TALUK,, PIN – 671313

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ADDL.R3THE MANAGER
STATE BANK OF INDIA, PAYYANNUR BRANCH,
PAYYANNUR PO, KANNUR DISTRICT- 670307
(IMPLEADED AS ADDITIONAL R3, AS PER ORDER DATED
18.08.2023 IN IA 4/2023 IN MAT.APPEAL 308/2023)

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BY ADV SC, STATE BANK OF INDIA - SBI

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THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON
04.10.2023, ALONG WITH Mat.Appeal.610/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶60

MAT.APPEAL Nos.610/2021, 308/2023 &

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RPFC NO. 62 OF 2023

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JUDGMENT

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[Mat.Appeal Nos.610/2021, 62/2023, 308/2023]

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Amit Rawal, J.

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On 13.09.2023, noticing that the parties have been litigating since long and considering that there was a lump-sum offer made on behalf of the husband as full and final settlement, including bearing of expenses of 8 year old child, parties were called on to appear in person.

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Today the parties have been heard in court/chamber. Heard Sri.Babymon.K., S/o.Late Kunhambu and Smt.Shyja K.P., D/o.K.V.Damodaran husband and wife.

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Marriage between the parties was solemnized in the month of March, 2014 and out of the wedlock one child was born on 16.12.2014, now aged 8 years. Parties are living separately

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since long and for vindication of the grievances filed three petitions. O.P.No.146 of 2019 was filed for past maintenance by

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MAT.APPEAL Nos.610/2021, 308/2023 &

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RPFC NO. 62 OF 2023

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the wife. O.P.No.11/2019 by the husband for dissolution of the marriage, M.C.No.41/2019 for claiming the maintenance under Section 125 (1) of the Code of Criminal Procedure.

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Trial Court dismissed the divorce petition and granted future maintenance at the rate of Rs.8,000/- (Rupees eight thousand only) and Rs.5,000/- (Rupees five thousand only) to the wife and child, totalling to Rs.13,000/- (Rupees Thirteen thousand only).

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Husband would be called as 1^st party and wife would be called as 2^nd party. 1^st party agreed to pay an amount of Rs.15 lakhs as permanent alimony of past and future to the 2^nd party within a period of one week of unlocking of the account. The said amount will be transferred to the account of the wife subject to unlocking of the pension account of the 1^st party in the State Bank of India, Payyannur Branch. After long discussion, heard independently and also in the presence of respective counsel. Parties have agreed to dissolve the marriage by way of mutual

¶76

MAT.APPEAL Nos.610/2021, 308/2023 &

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RPFC NO. 62 OF 2023

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settlement on following terms and conditions:

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(I) The permanent custody of the child would remain with

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the 2^nd party. However, the 1^st party would have visitation rights in the following manner:

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a. Half of the Onam and Christmas holidays, the 1^st party shall be entitled to have custody/visitation right till the child attains the age of 18 years.

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b. 1^st party will be entitled to have the visitation rights/custody of the child from 10.a.m. till 6.p.m. subject to the convenience of the parties.

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(II) Both the parties shall not institute any proceeding for claiming the permanent custody of the child till the child attains majority.

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(III) 2^nd party will not institute any case for the past and future maintenance or submit any criminal complaint pertaining to

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the matrimonial dispute in view of lump-sum being offered by the

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1^st party.

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MAT.APPEAL Nos.610/2021, 308/2023 &

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RPFC NO. 62 OF 2023

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(IV) Mat.Appeal.No.610/2021 is ordered to be converted to

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a petition by making an oral request to the Court for granting divorce by way of mutual consent.

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(V) 1^st party shall pay the monthly expenses to the child to

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the tune of Rs.6500/- (Rupees six thousand five hundred only) from November, 2023. 1^st party had agreed to transfer the said sum of Rs.6500/- (Rupees six thousand five hundred only) every month in the account of the 2^nd party.

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(VI) 1^st party so far has paid a sum of Rs.3,21,000/(Rupees three lakhs twenty one thousand only) in lieu of the maintenance awarded to the 2^nd party and the minor child. That will take care of the past maintenance of the child and wife will not have any right to institute execution petition for claiming the past maintenance.

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(VII) Since Bank is also a party in this petition and is represented through a counsel, 2^nd party has agreed to submit appropriate application in the concerned department of the Army

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MAT.APPEAL Nos.610/2021, 308/2023 & RPFC NO. 62 OF 2023

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In view of the compromise Mat.Appeal No.308/2023 and RPFC No. 62/2023 are ordered to be disposed off and Mat.Appeal No.610/2021 is disposed of by treating it to be a petition under Section 13(b) of the Hindu Marriage Act. Mutual divorce is hereby granted to the 1^st party against the 2^nd party subject to the compliance of the terms and conditions aforementioned.

Sd/-

AMIT RAWAL

JUDGE

Sd/-

C.S. SUDHA JUDGE

nak

MAT.APPEAL Nos.610/2021, 308/2023 &
RPFC NO. 62 OF 2023

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¶108

APPENDIX OF RPFC 62/2023

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PETITIONER ANNEXURES

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Annexure A1TRUE COPY OF THE PENSION SLIP FOR THE
MONTH OF OCTOBER 2022
Annexure A2TRUE COPY OF LETTER DATED 19/11/2021
ISSUED BY THE MANAGER OF THE BANK
Annexure A3TRUE COPY OF THE LETTER DATED 1/6/2012

¶111

MAT.APPEAL Nos.610/2021, 308/2023 &
RPFC NO. 62 OF 2023

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13

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APPENDIX OF MAT.APPEAL 308/2023

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PETITIONER ANNEXURES

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Annexure A1TRUE COPY OF THE PENSION SLIP FOR THE
MONTH OF OCTOBER 2022
Annexure A2TRUE COPY OF LETTER DATED 19/11/2021
ISSUED BY THE MANAGER OF THE STATE BANK
OF INDIA
Annexure A3TRUE COPY OF THE LETTER DATED 1/6/2012

Babymon.K v. Shyja K.P

Case brief

What is this about?

What did the court decide?

Babymon.K v. Shyja K.P

Case brief

What is this about?

What did the court decide?

What the court decided

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