Disposed

Maniyan v. Manjusha

Kerala HC21 Feb 2023Mat.Appeal/391/2015

Case brief

AI extract

What is this about?

The appellate court disposed of the matrimonial appeal in terms of a settlement agreement reached through mediation. The parties executed a memorandum stipulating payments and the filing of specific petitions, which the court accepted as the basis for disposition.

What did the court decide?

Disposed of the appeal in terms of the memorandum of agreement dated 14.02.2023, which forms part of the judgment.

Maniyan Vs Manjusha — Service and Employment | Kerala HC (2023)

¶1

IN THE E[IGE[ cOuRT OF KERAIA AT ERImKulLhM

¶2

PRESET

¶3

THE E[owouRABLE io. dusTlcE ANII, K.NnRENDRAN

¶4

¶5

THE E[ONOURABI.E MR. JUSTICE P.G. ATITEDCURAR

¶6

TUESDAY, THE 2isT DAY oF FEBRumr 2o23 / 2ro PHAI.Gun, 1944

¶7

mT.AppEAI, No.391 oF 2ol5

¶8

AGAINST THE rul)®miT IN o.P(rm) 1ol oF 2ol2 DATED

¶9

3o.o3.2ol5 oF THE Fm4II,I CouRT, ALziEipuzHzi

¶10

AppEI,RANT/2io REsponDENT :

¶11

ENIYEN

¶12

s/o. umKanAN, AGED 67,Kun]NUMRAI, HousE,

¶13

THIROvlIArm, sOuTE[ ARyAD, rm7NNu ro, Anepuzm

¶14

TmoucH pCwER oF ATroRE¥ E[oLDER p. c. ]iosE (GENERAL sECRETARy, HumN RIGHTs AssoclATIOw OF INDIA) , RESIDING AT P.N.HOUSE,

¶15

poocHAREal, po, plN-688 526,

¶16

AlnppuzHzi I]ISTRlcT , roB : 92 8 819 4 8 7 6

¶17

BY anv. SRI . N . C . .OSEPH

¶18

RESPONDENTS /PETITIONER/ 1 ST RESPONDENT :

¶19

ENJUSELh

¶20

AGED 31, D/O.mNomRAN, TEOppll. HOusE, ASHR"nM VARD , AvzLI.OOREtINNu pO,

AIAPPUZHA-688 006.

-OSH

AGEI) 35 Y±

s/o.mNI¥AN, RIINNtrmczLI. ElousE , THIRUVIILhRItJ, SOUTE[ ARYAI) ,

¶25

Mat.Appeal No.391 of 2015

Hflumu po,

AENpuzm.

BY ADVS.

VISED-

SRI . SAJEEV . I . P .

¶31

TE[IS mmlMchilAI, AppEAL HAvlNG CoME up FOR anMlssloN oN 21.o2.2o23, THE couRT oN THE sinE DAY DELlvERED TEE For.IrowlNG :

¶32

Mat.Appeal No.391 of 2015

¶33

JUDGMENT

¶34

Anil K.Narendran, J.

¶35

The appellant is the 2nd respondent in O.P(HMA) No.101 of 2012 on the file of the Family Court, Alappuzha, which was one filed by the lst respondent herein, against her husband, who is arrayed as the 2nd respondent herein, and also the appellant, her father-in-law, for return of gold ornaments, or its value, etc. That original petition was allowed by the judgment and decree dated 30.03.2015. Feeling aggrieved, the appellant is before this Court in this appeal, invoking the provisions under Section 19(1) of the Family Courts Act.

¶36

On 06.08,2015, when this appeal came up for consideration, this Court passed the following order in I.A.No.2746 of 2015;

¶37

"There will be an interim stay against the execution of the decree in OP(HMA)No.101/2012 dated 30.03.2015 of the Family Court, Alappuzha, pending disposal of the appeal, subject to condition

¶38

Mat.Appeal No.391 of 2015

¶39

of the appellant furnishing security for the decree amount to the satisfaction of the Family Court, Alappuzha. The Family Court is directed to accept the property under attachment as security provided it is satisfied with respect to the sufficiency of the valuation.

¶40

On 16.08.2022, the matter was referred for

¶41

mediation. Now the parties have settled the disputes in mediation and executed a memorandum of agreement dated 14.02.2023, which is placed on record along with the report dated 14.02.2023 of the Mediator.

¶42

Today, when this matter is taken up for consideration, the learned counsel on both sides would submit that since the parties have settled the disputes in Mediation, this appeal can be disposed of in terms of the terms and conditions contained in the memorandum of agreement dated 14.02.2023.

¶43

Having considered the submissions made by the learned counsel on both sides, this matter is disposed of in

¶44

Mat.Appeal No.391 of 2015

¶45

terms of the terms and conditions contained in the memorandum of agreement dated 14.02.2023, which shall

¶46

form part of this judgment.

¶47

Sd/-

¶48

ANIL K. NARENDRAN, JUDGE

¶49

Sd/-

¶50

P.a. AJITHKUMAR, JUDGE

¶51

¶52

BEFORE THE HONouiIABLE HIGH CoUFIT oF iceRALA AT ERNAl(ULAM

¶53

Mat.ADDeal No. 391 of 2015

Maniyan

Appellant

Vs.

Manjusha, Represented by Power

¶58

of Attorney Holder T.Manoharan & Anr.

¶59

Respondents

¶60

REPORT SUBMl-ITED BY THE MEDIAT

¶61

ADV. REZIYA P.A.

¶62

Mediated, matter is settled.

¶63

Terms and conditions are attached herewith,

¶64

Dated thisthe 14th day of February, 2023.

¶65

Ernakulam Mediation Centre

¶66

BEFORE THE HONouRABLE HIGH CoURT oF iceRALA

¶67

AT ERNAKULAM

¶68

Mat,ADDeal No. 391 of 2015

Maniyan

Appellant

Vs.

Manjusha, Represented by Power

¶73

Respondents

¶74

of Attorney Holder T.Manoharan & Anr.

¶75

MEMORANDRUM OF AGREEMENT UNDER SECTION 89 0F THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 0F THE KERALA CIVIL PROCEDURE (MEDIATION), RULES, 2008:

¶76

Both the parties agree to settle all the disputes as per the following terms and conditions:-

¶77

1. Both parties agree to settle all the claims between them with respect to their matrimonial relationship for a total amount of Rs.4,50,000/- (Rupees Four lakhs fifty thousand only) towards full and final settlement, Out of the said amount, T.Manoharan, the Power of Attorney Holder of the lst Respondent Manjusha received an amount of Rs.3,00,000/-(Rupees three lakhs only).

¶78

1. The 2nd respondent Manosh further agrees that he shall deposit an amount of Rs.1,50,000/- (Rupees one lakh fifty thousand only) in the name of minor child of the lst and 2nd respondents by name Manisha today for her future life by depositing the amount in Canara Bank, Alappuzha and the 2nd Respondent Manosh shall handover the Fixed Deposit receipt to T.Manoharan, the Power of Attorney Holder of the lst Respondent Manjusha.

¶79

_..-,:

¶80

Ketala State MediaJi;,ci.I :I.= r,o;!i.,I.I:ati3n Cenife High courtof Kerala Koch.I - 682 031

¶81

-2-

¶82

1. The lst respondent Manjusha agrees that on receipt of the above Fixed Deposit Receipt Rs. 1,50,000/- as mentioned in clause 2 she shall file a petition to lift the attachment on the property of the appellant and record satisfaction and close the EP 34/2015, before the Family Court, Alappuzha.

¶83

1. The appellant Maniyan and 2nd respondent Manosh agrees that, if the said amounts of Rs.1,50,000/-is not deposited as agreed in the agreement, the lst respondent is at liberty to proceed in E.P 34/2015 pending before the Family Court, Alappuzha and realize the amount due to her as per the decree and judgment of the Family Court Alappuzha in the case from where the above appeal had arisen.

¶84

1. On receipt of Rs. 4,50,000/-(Rupees Four lakhs fifty thousand only) as stated above, the lst respondent agrees that she shall not raise any further claims from the appellant or 2nd respondent in future.

¶85

Both the Appellant and the Respondents prayed that this Hon'ble Court may kindly be pleased to dispose of the above appeal in terms of this agreement.

¶86

Dated this the 14th day of February, 2023.

¶87

Appellant
Maniyan efl¢

¶88

F`espondents

¶89

Manjusha, Power of Attorney HolderT.Manoharan

¶90

Manosh

¶91

Counsel for the Appellant Counsel for the Respondents

¶92

f``fro A"
C8-lrfu^D ^ =:_n® l#rfel-cvctgql
KeralaStateMoaia;ic"6r!J'CQ,`iciiiationCen'.re
High Court ot Kerala
Kochi -682 031

¶93

VERIFICATION

¶94

We, the parties above named, do hereby solemnly state and declare that what is contained in paragraphs 1 to 5 are true to the best of our knowledge, information and belief.

¶95

Dated thisthe 14th day of February, 2023.

¶96

Appellant

¶97

Respondents

¶98

Manjusha, Power of A Orney HolderT.Manoharan

¶99

2, Manosh

¶100

Itera'ia s'iale Moo;a.;L , i 3r.I ',fj, ic;(ia'.; -,ii ceiite High Court ol Keraia Kochi -682 031

Maniyan v. Manjusha

Case brief

What is this about?

What did the court decide?

Maniyan v. Manjusha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Anoop S. Ayyappan Vs the Travancore Devaswom Board

Muhammed Yasir Vs Dr.Faheema Hassan

Hazeena Vs Faizaludheen

Bakker K.K. Vs Remya Gopi

John Bastin Vs Rosalin Magi John

Sindo C.K. Vs Athira Joy