Allowed

Haridas N Pillai, v. Sheeba Haridas

Kerala HC20 Jun 2023OP (FC)/48/2019

Case brief

AI extract

What is this about?

This judgment disposes of an original petition challenging an execution petition and attachment orders under the Domestic Violence Act. The Court observes the parties have settled disputes via mediation and entered a mutual consent divorce agreement. The Court grants divorce under Section 13B HMA, waiving the cooling-off period, sets aside impugned DV orders, and directs recording of divorce.

What did the court decide?

Divorce granted by mutual consent waiving cooling-off period; impugned orders under DV Act set aside; Family Court directed to record divorce.

Haridas N Pillai, Vs Sheeba Haridas — Matrimonial and Divorce | Kerala HC (2023)

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INTHEHIGHCOURTOFKERALAATERNAKULAM
PRESENT

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THEHONOURABLEMR.JUSTICEA.MUHAMEDMUSTAQUE
&
THEHONOURABLEMRS.JUSTICESOPHYTHOMAS
TUESDAY,THE20THDAYOFJUNE2023/30THJYAISHTA,1945
OP(FC)NO.48OF2019
AGAINSTTHEORDER/JUDGMENTINOP1541/2014OFFAMILY
COURT,ERNAKULAM

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PETITIONER:

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HARIDASNPILLAI,
AGED60YEARS
S/O.LATENARAYANAPILLAI,
CHERULOZHATHUHOUSE,HIGHROAD,
NEARBANKJUNCTION,ALUVA,
ERNAKULAMDISTRICT,PIN-683101.
BYADVS.
RENJITHB.MARAR
LAKSHMI.N.KAIMAL(K/422/2003)
ARUNPOOMULLI(D/3696/2015)
PREETHASCHANDRAN(K/298/2009)
ABHIJITHSREEKUMAR(K/2617/2022)
V.PREEJOPAULY(K/226/2012)
T.K.BABU(K/539/2013)
P.M.RAFEEK(K/609/2004)
ANANDREMESH(K/1491/2023)

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RESPONDENT:

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SHEEBAHARIDAS,
AGED45YEARS
D/O.LATEPADMANABHAN,NOWRESIDINGAT
ORIENTALGARDEN,10-C,SOUTHBLOCK,
KARUKKAPALLY,ELAMAKKARAP.O.,
PIN-682026,ERNAKULAMDISTRICT.

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BYADVS.
P.PARAMESWARANNAIR
C.R.SYAMKUMAR
SREELATHAPARAMESWARANNAIR

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OP(FC) No.48 of 2019

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SOORAJT.ELENJICKAL
K.ARJUNVENUGOPAL
ASWINKUMARMJ
ARUNROY

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THISOP(FAMILYCOURT)HAVINGBEENFINALLYHEARDON
20.06.2023,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:

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OP(FC) No.48 of 2019

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A.MUHAMED MUSTAQUE & SOPHY THOMAS, JJ. ------------------------------------------OP (FC) No.48 of 2019

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Dated this the 20^th day of June, 2023

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J U D G M E N T

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Sophy Thomas, J.

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The parties to this original petition are husband and wife. The husband filed the above original petition challenging the execution petition filed by the wife and also the attachment ordered in that E.P, in the light of Exts.P16 and P17 orders passed under the Protection of Women from Domestic Violence Act. According to the petitioner, both the proceedings cannot go hand in hand simultaneously.

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Criminal Revision Petition No.945 of 2019 and 992 of 2019 were also pending between the parties before this Court. In that proceedings, the parties were referred for a mediation to the Mediation Centre attached to this Court. They amicably settled their disputes and entered into a settlement agreement which is on board. Their financial disputes were also settled and both parties agreed that, they have worked out their remedies as per the

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OP(FC) No.48 of 2019

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settlement agreement and there is no need to proceed with the pending cases any further. So, they agreed to withdraw/quash all the pending litigations between them. Moreover, they agreed to file a joint petition for divorce under Section 13B of the Hindu Marriage Act.

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In terms of the settlement, they filed I.A No.1 of 2023 in the above OP(FC) under Section 13B of the HIndu Marriage Act, for dissolving their marriage on mutual consent, waiving of the cooling off period. The divorce case was pending between the parties since 2018. Both of them appeared before us and they are firm in their decision to dissolve their marriage. Since the divorce case is pending between them since 2018 and there is no chance for a reunion as agreed by them, there is no purpose in making them to wait any further. So, we are inclined to dissolve their marriage solemnised on 18.12.2011, by mutual consent.

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Learned Family Court Judge, Ernakulam shall record the factum of divorce in OP No.1965 of 2018 and dispose the same in the light of divorce granted by this Court on mutual consent.

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Since the entire disputes are settled between the parties in

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OP(FC) No.48 of 2019

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terms of the mediation settlement, the settlement agreement is

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recorded and the impugned orders in the O.P (FC) are set aside.

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With these directions, above OP(FC) is disposed of.

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Sd/- A.MUHAMED MUSTAQUE JUDGE

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Sd/-

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SOPHY THOMAS JUDGE

smp

OP(FC) No.48 of 2019

APPENDIX OF OP (FC) 48/2019

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PETITIONER’SEXHIBITS:

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`Annexure` `A1`	`A TRUE COPY OF THE MEMORANDUM OF SETTLEMENT IN` `CRL.R.P.NO.992/2019 AND CRL R.P.NO.945/2019 DATED` `19.06.2023`
`EXHIBIT` `P1`	`THE PHOTOCOPY OF THE AGREEMENT EXECUTED BY THE` `PETITIONER AND THE RESPONDENT DATED 13.5.2015` `SETTLING IN OP.NO.1541/2014 OF FAMILY COURT` `ERNAKULAM.`
`EXHIBIT` `P2`	`THE PHOTOCOPY OF THE ORDER DATED 27.5.2015 PASSED BY` `THE FAMILY COURT ERNAKULAM IN OP.NO.1541/2014` `PURSUANT TO EXHIBIT P1.`
`EXHIBIT` `P3`	`THE COMPUTER PRINTOUT EVIDENCING THE DATE OF PAYMENT` `TO THE RESPONDENT'S ACCOUNT NO.834 OF KARNATAKA BANK` `ALUVA BRANCH.`
`EXHIBIT` `P4`	`THE RECEIPT ISSUED BY THE RESPONDENT AT THE TIME OF` `TAKING THE BELONGINGS FROM THE PETITIONER'S` `RESIDENCE.`
`EXHIBIT` `P5`	`THE PHOTOCOPY OF THE FIR IN CRIME NO.4483/2017 DATED` `09.11.2017 OF ALUVA POLICE STATION.`
`EXHIBIT` `P6`	`THE PHOTOCOPY OF THE FIR IN CRIME NO.1230/2018 DATED` `28.03.2018 OF ALUVA POLICE STATION.`
`EXHIBIT` `P7`	`THE PHOTOCOPY OF THE FIR IN CRIME NO.1456/2018 DATED` `19.04.2018 OF ALUVA POLICE STATION.`
`EXHIBIT` `P8`	`THE PHOTOCOPY OF THE PETITION SUBMITTED BY THE` `PETITIONER BEFORE THE S.I. OF POLICE ALUVA DATED` `17.3.2018.`
`EXHIBIT`	`THE PHOTOCOPY OF THE EXECUTION PETITION DATED`
`P9`	`30.10.2017 AS E.P.NO.50/2017 IN O.P.1541/2014.`

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OP(FC) No.48 of 2019

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`EXHIBIT` `P10`	`THE PHOTOCOPY OF THE ATTACHMENT ORDER DATED` `23.11.2017 ATTACHING THE PETITIONER'S PROPERTY IN` `E.A.NO.91/2017 IN E.P.NO.50/2017 IN` `O.P.NO.1541/2014.`
`EXHIBIT` `P11`	`THE PHOTOCOPY OF THE STATEMENT FILED BY THE` `RESPONDENT DATED 11.06.2018 BEFORE THE FAMILY COURT` `ERNAKULAM.`
`EXHIBIT` `P12`	`THE PHOTOCOPY OF THE STATEMENT FILED BY THE` `RESPONDENT DATED 29.6.2018 BEFORE THE FAMILY COURT` `ERNAKULAM.`
`EXHIBIT` `P13`	`THE PHOTOCOPY OF THE PETITION FILED BY THE` `RESPONDENT BEFORE THE JFCM-1 ALUVA AS MC NO.7/2018` `DATED 20.12.2017.`
`EXHIBIT` `P14`	`THE PHOTOCOPY OF THE PETITION M.C.NO.74/2014 FILED` `BY THE RESPONDENT U/S 12 PWDV ACT DATED 06.08.2014` `BEFORE THE JFCM I ALUVA.`
`EXHIBIT` `P15`	`THE ORDER PASSED BY THE JFCM I ALUVA DATED` `01.07.2015 IN M.C.NO.74/14.`
`EXHIBIT` `P16`	`THE INTERIM ORDER DATED 24.02.2018 IN CRL.MP` `NO.989/18 OF JFCM I ALUVA IN M.C.NO.7/18.`
`EXHIBIT` `P17`	`THE COMMON ORDER DATED 26.11.2018 IN CRL.MP` `NO.213/18 AND CR.MP.NO.4623/18 IN M.C.NO.7/18 OF` `JFCM I ALUVA.`

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True Copy

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P.S to Judge

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smp

Haridas N Pillai, v. Sheeba Haridas

Case brief

What is this about?

What did the court decide?

Haridas N Pillai, v. Sheeba Haridas

Case brief

What is this about?

What did the court decide?

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