Allowed

Jissimol Abraham @ Elizabeth v. Babu Joseph @ Joseph

Kerala HC11 Apr 2024Mat.Appeal/192/2021

Case brief

AI extract

What is this about?

In Mat.App. No.192 of 2021, the High Court of Kerala disposed of an appeal against a Family Court divorce decree. The court found that parties had amicably settled all disputes via a mediation agreement under Section 89 CrPC, involving maintenance payments and asset division, and allowed the appeal based on the settlement.

What did the court decide?

The Matrimonial Appeal is disposed of in terms of the mediation agreement; the appellant withdraws the appeal against the divorce decree upon the respondent fulfilling the payment obligations.

Jissimol Abraham @ Elizabeth Vs Babu Joseph @ Joseph — Matrimonial and Divorce | Kerala HC (2024)

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THE HICII COURT OF KERAIA AT ERNAKULAM

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PEuSENT

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TRE HONouRAELE e4R. dusTlcE RArA vl4ArARAGEIAVAN v & TRE HONouRABI,E in. ousTlcE p.M.MaNor THtJRSDA¥, THE llm DAY OF APRII, 2024 / 22NI CHAITHRA, 1946 mT.AppEAI. No. ig2 oF 2o21

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AGAINST THE ORDER/JUDGMENT DATED 12.o8.2o2o IN op ro.184 oF 2016 0F FAMILY COURT, PAIA

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APPEL-/S:

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•IsslMOL ABRAEiAI4 @ ELlzABETH, AGEI) 41 ¥mRs D/0. ABRAEIAM, KATTAKKAYAM HOUSE, KAliATHOOKAI)AVU P.0. , MO0NNIIAVU VILliAGE , MEENACHIL TALUK, KOTTAYAM DISTRICT , PIN-686 579, NOW RESII)ING AT PONAD HOUSE MELUKZIVUMATTOM P.O. , CHALAMATTOM KARA, MEI.URAVU VILIAGE, MEENACHII, TAIur .

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BY ADV JOSEPII SEBASTIAN PURAYIDAM

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RES EcOENT /S :

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BABU JOSEPH @ JOSEPEl, AGED 48 YEARS s/o. TosEPH, PONAD HousE, iml,uKAvuMATTOM p.o, , CHAIAMATTOM KARA, MEI.UKAVU VIIilAGE , BGENACHIL TAI;UK, KOTTAYAM DISTRICT, PIN-686 652.

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BY ADV SRI . P . C . HARIDAS

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SRI P C HARIDAS, FOR PARTY RESP.

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THls mTRIMONIAI, AppEAI. HAvlNG COME up FOR ADMlssloN 0N 11.04.2024, THE COURT 0N TIIE SAME DAY DELIVERED THE FOLLOWING :

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Mat.Appeal No.192 of 2021

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]ulREMENT

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Raja Viiavaraaha/an. J]

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This appeal is preferred challenging judgment dated 12,08.2020 on the file of the Family Court, Pala in OP No,184 of 2016 by which the petition filed by the husband for divorce was allowed by the Family Court.

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While the proceedings were pending before this court, parties were referred to mediation. The parties have been able to settle their entire disputes. A copy of the mediation agreement executed under 89 of the Code of Civil Procedure read with Rules 24 and 25 of the Civil Procedure (Alternate Disputes Resolution) Rules 2008 has been placed before this Court.

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We have gonethrough the agreementand itdoes notappear that any of the clauses in the agreement are unlawful.

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In that view of the matter, this Mat Appeal is disposed of in terms

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Mat.Appeal No.192 of 2021

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of the memorandum of agreement. The memorandum of agreement shall form part of the judgment.

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sd/-

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RAJA VIJAYARAGHAVAN V

JUDGE

sd/-

P.M.MANOJ

JUDGE

das

../-±,

Froin

The Nodal officer, . .. Hj6h Court Mediation Centre. ,

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I?gehR€ogisrttr:f#:#'Emakulam.

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Sirl

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Sub : Medlatioq of case' rofened by the_ Hon`b!e High Co-urt of Kera]a -

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R ot : ;eeot : ::: g f:mai 6rder in ..... "*...4Med„.!?.?,4m??i ...... „ .,... I..:;.3Igf#.:.ij

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Of the Honorable High Court of Kerala

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I,---11.I.-

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€4"

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• I am to' forward hereviith Report of the Mediator ln. the matter along with the eric!osure§ for information and necessary actiari` .

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\ Cn 7 yours Faithfully, prlJTd. - hi |-ymLgi

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' ANB'u,LSP Nodal Officer, ' Ernakulam Mediation cer\tre

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/ 1 ,

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Report Of the Meqietor, Settlement reernent ?.o,|j. of the High Court Of Kerala,. E:B¥::#:=i:tToa*orderdated@?

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BEFORE ThE iiol\iouRABLE HIGH CoURT or iceRALA

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AT ERNAIOuLAM

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Mat ADDeal No.192/2021

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jissymol Abraham @ Elizabeth Appellant

Vs.

Babu Joseph @ Joseph

Respondent

REPORT SUBMITTED BY MEDIATOR

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AAD/.ICPINDIRA

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Mediated and t:he matter is settled,

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The memorandum of settlement is enclosed herewith.

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Dated this the 26th day of October, 2023

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Adv. K.P lndlra Medlator Ernakulam Mediation Centre

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BEFORE THE HONOURABLE HIGH COURT OF KERALA

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AT ERNAKULAM

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Jflat Appeal No.192/202±

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Jisprol Abraham @ Elizabeth

Appe„ant

Vs.

Babu Joseph @ Joseph

: Respondent

DRUM 0F AGREEMENT UNDEl

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DlspuTE REsOLUTioNi. RULEs. 2Ooai

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The appellant in both the appeals, jissymol Abraham @Elizabeth and the respondent, Babu Joseph @Joseph and their daughter Ann Mariya Babu have agreed to settle all their disputes and differences, amicably, in the following manner;

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The respondent will pay/deposit an amount of I 25 lakhs to the appellant towards complete satisfaction of her future maintenance and all other monetary claims in future. After receiving the said amount the appellant will not have any claim for maintenance or other claims. She will withdraw Mat Appeal No. 192/2021 filed against the decree for dissolution of marriage granted in 0. P. No 184/2016 of the Family Court Pala.

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The respondent win also deposit I 5 Iakhs in the name of Ann Mariya Babu, who has at present attained majority, and Rs. 5,50,000/- in the name of younger daughter Aleena Babu, who remains to be a minor. The i 5 lakhs to be deposited in the name of the elder daughter, Ann Mariya Babu, will be in a split up of { 3 Iakhs and 2 lakhs. Ann Mariya Babu is free to withdraw the deposit of I 3 lakhs for her education and other needs, at any time. The remaining amount of I 2 lakhs can be withdrawn by her only after 3 years; but she can withdraw the periodical interest accrued in the said deposit, periodically for her education and maintenance. The deposit of I 5.50 lakhs in the name of younger daughter Aleena Babu will also be in a split up of Rs.4 lakh and Rs.I,50,000/-. She can withdraw Rs. 4 lakhs after attaining majority and Rs. 1.5 Iakhs after 3 years after attaining majority. However, the appellant is free to withdraw the interests being accrued on the said deposit, periodically, for the education and maintenance of Minor Aleena Babu. BE:Eke

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I-.4i,9L

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„ sta,e[:;:,ca;;O:nga8:2#a::,a„On con,,t ffi

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-2-

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The respondent shall make the said deposits within a period of 6 months from today to the bank account number Account No. 67330363960 with state bank of India, Melukavumattom branch in the name of the appellant; and make fixed deposits, as mentioned in clause 2 linking with the Account No. 67330322390 with the same bank in the name of Ann Mariya Babu; Account No. 67330361623 with the same bank in the name of Aleena Babu.

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On deposit of the said amounts the appellant shall withdraw Mat Appeal No. 99/2021 by admitting and accepting the decree passed in 0. P. No 25/2017 by the family Court, Pala.

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Immediately on receiving the aforesaid amounts the appellant and children shall vacate from the house of the respondent, where they are at present residing, after handing over the key of the same. Inorder to facilitate the same the respondent shall inform the appeHant about the date of deposit of the amount, aforementioned, one month before.

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The appellant is permitted to take the following household items; 1. steel almirah,

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Wooden coat 2

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Form bed-2

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Ceiling fan -2

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Mixie

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Fridge

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Dining table with 3 wooden chairs

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Plastic chairs-5

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Gas stove

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Sofa single seater -1

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Wooden study table -I

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Vessels, utensils and crockery items.

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The appellant shall remove the items, without causing any damages to the building and the fittings therein.

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The appellant on her own behalf and on behalf of the younger child Aleena Babu and Ann Mariya Babu shall record their no objection in allowing Crl. R. P. No. 197/2018 filed by the respondent against the order in MC(DV) 04/2015 of the Judicial First Class Magistrate Court, Erattupetta. The respondent shall continue to pay the maintenance @ Rs.7000/-, till the payment of the amounts mentioned in clauses I and 2 above.

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The appellant will join and co-operate with the respondent for getting their marriage dissolved from the ecclesiastical Court also.

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The terms of this compromise will come in to effect only on payment of the above mentioned amounts.

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Dated th]s the Loth day of October, 2023.

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ADDellant

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_Respondent

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®cJ'rtyma/j,?ss¥prAbraifeEhzabeth

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Bgha

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Babu Joseph @ Joseph

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An:MMaQr:^prE=¥u.(Dau#oftheappellantandrespondent)

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c®eepRA*r

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Couns

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Jissimol Abraham @ Elizabeth v. Babu Joseph @ Joseph

Case brief

What is this about?

What did the court decide?

Jissimol Abraham @ Elizabeth v. Babu Joseph @ Joseph

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

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Case details

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