Disposed

Nisha v. Haridasan

Kerala HC16 Jan 2023Mat.Appeal/423/2021

Case brief

AI extract

What is this about?

The High Court disposed of two matrimonial appeals challenging a Family Court order on child custody and restitution of conjugal rights. The court upheld a mediated settlement agreement where the parties agreed to file for mutual consent divorce, settled maintenance, and fixed custody arrangements.

What did the court decide?

Appeals were disposed of; parties directed to file mutual consent divorce petition; custody awarded to appellant; maintenance fixed via fixed deposit.

Nisha Vs Haridasan — Child Custody and Guardianship | Kerala HC (2023)

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IN THE HIGE[ cOuRT oF RERAIA AT ERImRITLae4

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PRESENT

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THE HchrouRABId= MR. dusTlcE ANII, K.NARENDRAN

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TEE HchiouRABLE in.ouSTlcE p.G. ArlTHKtRAR

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IENRAY, TEE 16" DAY OF IENNIIARY 2023 / 26TH POUSIIzl, 1944

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RAT.AppEAI, ro.423 OF 2o21

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AGAINST THE cchrmt OREER DATED o8.o7.2o21 IN o.p(Gav) No. 475 OF 2ol7 OF TEE mMII.I cOuRT, TIRIIR

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APPEIIILENT / RE S POwDENT :

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NIsm

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AGrm 36 ±

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D/o. mIAN, TE[uVAIAppll, E[OusE , KENTml,I[()R, nicarl.AM, pommiil IAItllc, inl,AppuRm4 DlsTRlcT-679 534

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BY Joys .

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K . s . HARIHARApuTEmAN S . R . EuuLSAINI BEuxp THlrm

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RESPONDENT/PETITICINER:

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EJLRI-

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AGne 41 yEas S/o.RESAVzIN, pAEunTE[ HousE, REzmTHUR POST, THRITHAIA, ALAFne-679 534

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By ADv p.K.roEIAEN( ALrmAD)

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TE[Is imTRlroNIAL AppEAI, HAWING cchd up FOR ADNISsloN

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ON 16.01.2023, ALONG WITH Mat.Appeal.424/2021, THE CounT ON

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THE SAID DAY DEIIIVERED THE FOIiLOWING:

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Mat.Appeal No.423 and 424 of 2021

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IN THE E[IGEI couRT OF RERAIA AT ERNaRI)I,AM

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PREsrm

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THE E[oNoURABI,I MR. Tt]STICE ANIL K.iunRENDRnt

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THE HONot7RABLE in.eusTlcE p.G. AOITHKumR

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iENDAr, THE 16" DAr oF aENunRr 2o23 / 26rm pousHA, 1944 aaT.AppEAI, ro.424 OF 202i

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AGAINST TIRE Cch04cot ORDER DATED 08.07.2021 IN O.P NO.702 oF 2ol7 oF THE FrmL¥ CouRT, TmuR

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appEI,Lmrm/REsroicomm :

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NIsm Aen 36 ¥Eus D/O.BAEN,

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THuVAIApplL HousE , RIINTEml,I,uR, AMRI7Lm4, poNNnNI TELt7K, inLAppuRAM DlsmlcT-679534 .

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BY OwS .

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K . s . EARIHARApuTmmt S . R . PFASJa- "IEN

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RESEcOENT/PETITIONER:

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EIARIDASEN zuue 41 y± S/O.RESAEN, PARIATH HOUSE, REZEIATE[UR POST, rmlTHAIA, AI.AREAD-679534.

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BY Jrv.

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p. K.roEIAEN ( AIAAREAD)

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Mat.Appeal No.423 and 424 of 2021

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TE[IS RATRIMONIAL APPEAli Haw.ING CoouE UP FOR anMISSION ON 16.01.2023, AI,ONG WITE[ Malt.appeal.423/2021, THE cOuRIr oN THE smd Day DELlvERED THE FOLlrowlNG:

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Mat.Appeal No.423 and 424 of 2021

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JUDGMENT

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Anil K.Narendran., J._

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Mat..Appeal No.423 of 2021+ The appellant-wife is the respondent in O.P.(G&W) No.475 of 2017 on the file of the Family Court, Tirur, which is one filed by the respondent herein-father for permanent custody of the minor daughter. By the judgment and decree dated 08.07.2021, the Family Court allowed the said original petition granting permanent custody of the minor child to the respondent herein. Challenging the judgment and decree dated 08.07.2021 of the Family Court in O.P (G&W) No.475 of 2017, the appellant - wife is before this Court in this appeal, invoking the provisions under Section 19(1) of the Family Courts Act, 1984.

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1.1. On 09.08.2021, when this appeal came up for admission, this Court admitted the matter on file and issued notice to the respondent. In I.A.No.1 of 2021, this Court granted an interim order staying the operation and implementation of the judgment and decree dated 08.07.2021 in O.P(G&W) No.475 of 2017 of the Family Court, Tirur during

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Mat.Appeal No.423 and 424 of 2021

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the pendency of this Matrimonial Appeal.

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Mat.Appeal No.424 of 202_1:-The appellant-wife is the respondent in 0.P.No.702 of 2017 before the Family Court, filed by the respondent herein - husband seeking a decree of restitution of conjugal rights. By the judgment and decree dated 08.07.2021, the Family Court, Tirur allowed O.P. No.702 of 2017, granting a decree of restitution of conjugal rights, whereby the appellant - wife is directed to go with the respondent herein and to resume their matrimonial life. Challenging the ju.dgment and decree dated 08.07,2021 in O.P No.702 of 2017, the appellant -wife is before this Court jn this appeal, invoking the provisions under Section 19(1) of the Family Courts Act, 1984.

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2.1. On 09.08.2021, when this appeal came up for admission, this Court admitted the matter on file and issued notice to the respondent. In I.A.No.1 of 2021, this Court granted an interim order staying the operation and implementation of the judgment and decree dated 08.07.2021 in O.P No.702 of 2017 of the Family Court, Tirur during the

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Mat.Appeal No.423 and 424 of 2021

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pendency of this Matrimonial Appeal.

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During the pendency of the appeals, the parties were referred for mediation before Ernakulam Mediation Centre, in the premises of this Court on 25.05.2022 at 10.30 a.in.

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The parties have settled the disputes in Mediation. A memorandum of agreement dated 06.07.2022 is placed on record, along with the report dated 06.07.2022 of the Mediator.

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Today, when these matters are taken up for consideration, the learned counsel for the appellant and also the learned counsel for the respondent would submit that since the parties have settled the disputes in Mediation and filed O.P.No.146 of 2022 before the Family Court, Tirur, for a decree of divorce on mutual con`sent, these appeals can be disposed of, in terms of the terms and conditions contained in the memorandum of agreement dated 06.07.2022.

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Having considered the submissions made by the learned

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counsel on both sides, these appeals are disposed of in terms

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Mat.Appeal No.423 and 424 of 2021

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of the terms and conditions contained in the memorandum of agreement dated 06.07.2022, which shall form part of this judgment, and also taking note of the pendency of O.P.No.146 of 2022 before the Family Court, Tirur, for a decree of divorce on mutual consent.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/-

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P.a. AJITHKUMAR, JUDGE

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ERNAKULAM MEDIATION CENTRE

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(HIGH COURT HALL)

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2nd floor. abov; SBl, Hiah Court_buildina, Ernekulam, Kochi -31.

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0484-25622

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EMciRIeg.NO+.a.3.I.ae.¥sL

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Dated .Q6.{g.7.|±:.|L

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From

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The Nodal Officer, High Court Mediation Centre.

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The Registrar Uudicial), High Court of Kerala. Ernakulam

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Sir'

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Sub:- Mediation of referred cases -Reg.

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Refi-Referralorderin...rp.a.I..?.FP.*...i..?.?.`.±'....¥..i..ap/2'

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dated ¥1.:.?.'..?.+.of the Hon'ble High Court of Kerala.

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The` report of the Mediator in the matter along with the

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® enclosures is furnished herewith for information and necessary action.

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Yours faithfully,

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Emakulam Mediation Centre

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EEE=

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Encl: 1. Report of the Mediator, Settlement Agreement.

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Copy of referral order dated .......,............... of the High Court of Kerala.

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Copy of Petition.

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BEFORE TIIE HONOURABLE HIGH COURT OF KEELA AT ERNAKULAM

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MaLA.D.DealNos.423/2021&424/2Q2±

Nisha

Appellant

Vs.

Haridasan

: Respondent

EELPORTSUBMITTEDBYTHEMEDIATQB

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ADV. ALBERT JOSEPH

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Mediated, matter is settled.

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Terms and conditions are attached herewith.

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Dated this the 6th day of July, 2022.

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H i .t Adv. Albert Joseph Mediator Ernakulam Mediation Centre

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BEFORE THE HONOURABLE HIGH COURT OF KEELA AT ERNAKULAM

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Mat_.A.D.Deal Nos. 423/2021 & 424/2Q2±

Nisha

Vs.

Haridasan

MEMORANDUM 0F AGREEMENT UNDER SECTION 89 0F TEE CODE 0F CIVIL PROCEDURE READ WITH RULES 24 & 25 0F THE CIVIL PROCEDURE (AIJTERNATIVE DISPUTE RESOLUTION),RULES, 2008:

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The parties have agreed to settle the dispute between them under the following terms and conditions:

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Appellant Nisha and Respondent Haridasan have agreed to file joint petition for Divorce under Section 13 8 of Hindu Marriage Act. The said petition will be filed on or before 20/07/2022 before the Family Court, Tirur.

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Respondent agreed to deposit Rs.10,00,000/-(Rupees Ten lakhs only) as Fixed Deposit in the name of his minor daughter Neha, Aged 15 years and the Fixed Deposit Receipt will be handed over to the Appellant before signing the proof Affidavit in 13 a petition. For deposit, the Appellant will furnish necessary documents and details of Bank

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Account of Minor Neha.

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rffLfa4

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Keiala State M iatlon and Conciljalion Centre High Court of Kerala Kochj - 682 031

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-2-

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The Appellant agreed that the said Fixed Deposit of

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Rs.10,00,000/-(Rupees Ten lakhs only) is the full and final settlement of

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all her and her daughter's past and future claim of maintenance etc. The appellant will not raise any claim whatsoever in the future against the respondent.

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Both parties agreed that interest on Fixed Deposit can be withdrawn by appellant at any time.

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The Appellant agreed that she will withdraw all petition filed

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for arrears of maintenance before Family Court, Tirur on the day of getting Fixed Deposit Receipt. Appellant will file petition for cancellation of orders in MC.No.350/2016 on the day of passing orders in 13 8 petition.

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Appellant will also withdraw op.No..146/2022 pending before

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Family Court, Tirur on the day of passing Decree in the above said 13 8 petition.

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NIJbe rf rcPr»Njr^ &

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Kerala State Me and Conciliation Centre High Ctjurt of Kerala Kochi -682 031

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-3-

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Both parties agree that the permanent custody of the minor

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daughter Neha will be with the Appellant. Appellant will hand over daughter Neha at 3.00 p.in at Kulangara Bhagavathy Temple, Edapal on the First Sunday of every month to the Respondent and thereafter Respondent has to return daughter to Appellant at 5.00 p.in on the same day.

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Appellant agreed that the above Mat Appeals will be withdrawn after the passing of final judgment in 13 a petition.

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Datedthisthe 6th dayof July, 2022.

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Respondent=

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rlhilal< Counsel for the Appellant

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#ulridrfu/,

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Counsel for the Respondent

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Itt3I a'ti ';liic, I,,1t,,; a*r.."l;,a"j,"em„

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Hign Court c>f Kera;a tochi -682 03`j

Nisha v. Haridasan

Case brief

What is this about?

What did the court decide?

Nisha v. Haridasan

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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