Allowed

Nishad V.R. v. Anagha Raveendran

Kerala HC14 Feb 2023Mat.Appeal/833/2017

Case brief

AI extract

What is this about?

The High Court disposed of a matrimonial appeal filed by the husband challenging a family court decree that dissolved his marriage and ordered restitution of conjugal rights. The court upheld the decree based on a settlement agreement reached during mediation, directing the husband to pay Rs. 8 lakhs to the wife.

What did the court decide?

The appeal was disposed of; the matrimonial decree is sustained subject to the settlement agreement terms of Rs. 8 lakhs payment and withdrawal of complaints.

Nishad V.R. Vs Anagha Raveendran — Matrimonial and Divorce | Kerala HC (2023)

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IN THE HIGH couRT oF RERAIA AT ERNAKulnM

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PRESENT

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THE HONOURABI.a MR. JUSTICE ANIL K.NARENDRAN

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THE HONOURABLE MR. JUSTICH P.G. ATITHKt"AR

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TUESDAy, THE i4TH DAy OF REBRIIARy 2o23 / 25TH imGm, ig44

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RAT.APPEAI. NO. 833 0F 2017

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AGZIINST THE JUD®4ENT DATED 24.03.2017 IN 0.P. ("ZL) NO.401 0F 2015 0N THE FILES 0F THE FAMII.Y COURT, ALAPPUZHA

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APPEL-:

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NISHAD V.R.

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AGED 38 YEARS, S/O. RATASEKHARAN NAIR, vATTACHIRAyll, , sARasVATHI SADENEN, CHERUVAENAM, VARANAM PO. , CE[ERTHALA.

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BY ADVS .

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SRI . GEORGE VARGHESE ( PERUMPALLIKUTTIYIL) SRI . A . R . DILEEP SRI . p . J . roE pAulSRI.MENU SEBASTIAN

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RESPONDENT :

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ENAGHA RAVEENDRAN

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AGED 25 YEARS, D/O. RA:VEENDEENATEIAN NAIR, VITHUPuRACKAI. , KARAI.AKAM tmRD , TEIATEIAMppAI[L¥ PO. , ALAPPUZHA PIN-688013.

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8¥ _anvs 3 SRI.ABDUI. JALEEL.A Slum . M . A . SULFIA

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THIS RATRIMONIAL APPEAI. HAVING CODE UP FOR FINAI. HEARING ON 14.02.2023, THE COURT ON THE Sale DAY DEI-IVERED THE FOLLOWING :

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Mat,Appeal No.833 of 2017

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JUDGMENT

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P.G. Aiithkumar, J.

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The appellant is the respondent in O.P.(HMA) No.401 of 2015 before the Family Court, Alappuzha. The said O.P. was filed by the respondent seeking a decree of divorce, return of gold ornaments and money. As per the ].udgment dated 24.03.2017 the original petition was decreed in the following terms:

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``The marriage of the petitioner to the respondent solemnised on 31.05.2022 is dissolved with effect from today under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The respondent is directed to return 40 sovereigns of gold ornaments scheduled in the petition and a sum of Rs.2,50,000/- to the petitioner within a period of one month from today, In case of default the petitioner is allowed to realise a total sum of Rs.10,54,800/- (8,04,800+2,50,000) along with interest @ 6°/o per annum from today till the date of realisation with costs from respondent and his assets."

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The appeal was admitted on 09.08.2017. As per

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the order in I.A.No.2728 of 2017 execution of the decree was stayed on the condition of furnishing security.

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Mat,Appeal No.833 of 2017

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When this matter came up for consideration on 31.03.2022 the parties were referred to mediation. The matter was settled in mediation. The settlement agreement dated 03.08.2022 signed by both parties was submitted to this Court by the Nodal Officer of the Ernakulam Mediation Centre.

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Today, we have heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent.

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The parties have agreed to sustain the decree dated 24.03.2017 dissolving the marriage in O.P.(HMA) No.401 of 2015. All the other claims are agreed to be settled on payment of a sum of Rs.8 lakhs in three instalments to be paid on 01.08.2022, 01.10.2022 and 31.12.2022. it is also mutually agreed that in the event of non-payment of any of the instalments, the respondent shall have liberty to proceed with E.P.No.53 of 2017 pending before the Family Court, Alappuzha for realisation of the whole or part of the amount remains unpaid. There are also other terms in the agreement.

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Mat.Appeal No.833 of 2017

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We are satisfied that the terms of agreement are lawful. Therefore, on recording the said settlement agreement dated 03.08.2022, this appeal is disposed of and a decree in terms of the said agreement is passed.

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The settlement agreement dated 03.08.2022 will form part of this judgment.

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Sd/-

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ANIL I(. NARENDRAN, JUDGE

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Sd/P.G. AJITHl(UMAR, JUDGE

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dkr

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BEFORE THE HONOURABLE HIGH COURT OF KERALA AT

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ERNAKULAM

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Mat Appeal. No. 833 of 2017

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(Against Judgment and Decree dated 24/03/2017 in OP(HMA) No 401/2015 of Family Court, Alappuzha)

Nishad V.R

Appellant/Respondent

V/S

Anagha Raveendran

Respondents/Petitioner

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TERMS OF

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ARFRED AT 2022 IN THE ABOVE MAT.APPEAL.

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The above appeal is filed by the appellant herein challenging the Judgment and Decree dated 24/03/2017 in OP(HMA) No 401/2015 of F`amily Court, Alappuzha. As per the above judgment:-

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"The marriage solemnized between the parties is dissolved under Section

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13(1)(ia) of Hindu Marriage Act 1955,

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The appellant herein is also directed to return 40 sovereigns of gold

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ornaments scheduled in the petition and a sum of Rs 2,50,000/- to the respondent herein within a period of one month from the date of judgment. In default, the respondent herein is allowed to realize a total sum of Rs 10,54,800/-along with interest @ 60/o per annum from the date of judgment till realization with costs from the appellant herein."

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The matter was referred to mediation by the Honorable High court of Kerala on 21/3/2022. After several sittings in the mediation, the parties decided to settle the matterupon the following conditions:-

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a) The marriage solemnized between the parties is dissolved under Section 13(1)(ia) of Hindu Marriage Act 1955 from the date of Judgmentin OP(HMA) No 401 /2015 of Family Court, Alappuzha.

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b) The appellant herein pays the respondent an amount of Rs 8,00,000/-(Eight Lakhs) in Three installments towards the full and

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Amngh: g?van4aou

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t!ri¥!" a - KeralaSlaleMediaiionandConcilialionCenlrgr '.h ' v . e~ High Court of Kerala l<ochj -682 03t

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final settlement towards the Judgment in OP(HMA) No 401/2015 of Family Court, Alappuzha within a period of 6 months as specified below.

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c) The first installment of Rs 2,OO,000/-(Two Lakhs) has been paid to the account of respondent herein on 1/08/2022, the 2nd installment of Rs. 2,00,000/-(Two Lakhs) shall be paid directly to the respondent/ in her account on 01/ 10/2022 and the 3rd installment of Rs. 4,00,000/- (Four Lakhs)shall be paid directly to the respondent/ in her account on 31/12/2022.

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d) If the appellant herein fails to comply with any of the condition stated in clause (b) and (c) or defaults with any one of the said installments, then the respondent herein shall be at liberty to proceed with EP No.53/2017 which is pending before Family Court, Alappuzha,from the stage where it has stopped, whereby claiming the entire amount specified in Judgment and Decree dated 24/03/2017 in OP(HMA) No 401/2015 of Family Court, Alappuzha with interest @ 12°/o from the date of above Judgment.

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e) In the event of any defaultas stated in clause (b), (c) and (d), the payment if any made prior to the default will be treated as the part payment towards the decree debt stated in Judgment and Decree dated 24/03/2017 in OP(HMA) No 401/2015 of Famdy Court, Alappuzha

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e) Both parties mutually agrees that on payment of the first installment, they shall withdraw CMP No 1714/2021, CMP No 699/2020 and CMP No 2162/2021 filed by each other before Chief Judicial Magistrate Court, Alappuzha. The parties to the agreement also agree to withdraw any other cases pending before any Court of Law that is filed against each other, for the betterment of their future.

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ulthJ vrQ-

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n Upon complying with the conditions stated in clause (b) and (c), the appellant herein shall be no liability towards the respondent herein and all the proceedings pursuant to Judgment and Decree dated 24/03/2017 in OP(HMA) No 401/2015 of Family Court, Alappuzha shall remain closed against each other. In that situation, the attachment ordered by the Learned Family Court, Alappuzha can be lifted with no-objection from the respondent.

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The parties to the said agreement are ready and wiuing to comply by all the conditions/terms stated above, whereby all the liabilities towards each other shall be discharged.

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Dated this the 03rd Day of August 2022.

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N ,rfual , v .Q` Appellant/Respondent.

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Counsel for the Appellant/respondent.

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v+a+,!iN.ZRE Respondents/Petitioner. ATh2rfavalyan

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Counsel for the Respondent/petitioner. c>CD.

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colt:#F#%#e'RespordenF

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Respondent Signed before me on this the 03rd day of August 2022

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Advocate Roll. No. K/215/2003 KeralastateMedi&dconc"iationcenlfe High Court of Kerala Kochi - 682 031

Nishad V.R. v. Anagha Raveendran

Case brief

What is this about?

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Nishad V.R. v. Anagha Raveendran

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