T.P.Gireesh Kumar Vs Adithya — Kerala HC (2025) — LawSathi Research

T.P.Gireesh Kumar Vs Adithya — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Mat.Appeal disposed of by modifying the judgment and decree in O.P. No.210/2018 of Family Court, Vadakara in terms of the joint settlement petition: appellant to pay Rs. 7 lakhs to the respondent in full and final settlement (Rs. 5 lakhs by crossed demand draft on or before 31.5.2025 and Rs. 2 lakhs by another crossed demand draft within three months from the date of initial payment); respondent to withdraw all petitions against the appellant before the Family Court, Vadakara on payment; on default, respondent free to proceed with execution proceedings as per the modified judgment and decree with interest at 6% per annum; parties to act in terms of the joint petition forming part of the judgment.

Ratio / Principle

The joint petition signed by counsel for both parties was examined and the terms of settlement arrived at by the parties were held lawful and accepted.

Key takeaways

In view of the joint petition, the Mat.Appeal is disposed of modifying the judgment and decree in O.P. No.210/2018 of Family Court, Vatakara in terms of the settlement.ratio¶31
Appellant shall pay Rs. 7 lakhs to the respondent in full and final settlement of all her claims, of which Rs. 5 lakhs shall be paid by crossed demand draft on or before 31.5.2025.ratio¶32
The balance of Rs. 2 lakhs shall be paid by another crossed demand draft within three months from the date of the initial payment.

Detailed headnote1 paragraphs

Mat.A No.21 of 2020 (2025:KER:28502) — Matrimonial appeal against judgment dated 20.11.2019 in O.P. No.210/2018 of Family Court, Vadakara — disposed of on a joint petition recording settlement between the appellant (father) and the respondent (daughter) — terms held lawful and accepted — appellant to pay Rs. 7 lakhs in full and final settlement of all claims of the respondent: Rs. 5 lakhs by crossed demand draft on or before 31.5.2025 and balance Rs. 2 lakhs by another crossed demand draft within three months from the date of initial payment — on payment, respondent to withdraw all petitions filed against the appellant before the Family Court, Vadakara — on default, respondent entitled to proceed with execution proceedings pending before the Family Court, Vadakara as per the modified judgment and decree with interest at 6% per annum — parties directed to act implicitly in terms of the joint petition, which forms part of the judgment (Devan Ramachandran & M.B. Snehalatha, JJ.; judgment by M.B. Snehalatha, J.).

2 02 5 : KER : 2 8 5 0 2

Mat.A No.21 of 2020

IN THE HIGH CotJRT OF KERAILA AT ERNAKULAM

PRESENT

THE HONOuRABLE in. JusTlcE I]EVAN Rzan4ACHANDRzanr

&

THE HONouRABI.E ins. ]usTlcH M.B. SNEHAILATHA

THURSDAY, THE 3R]) DAY OF APRIL 2025 / 13TH CHAITHRA, 1947

MAT.APPEAli NO. 210F 2020

AGAINST THE JUI)®ENT DATED 20.11.2019 IN OP NO.210 0F

2018 0F FAMILY COURT, VADAKARA

APPEliENT /RES PONDENI :

I.P.GIREESH RIJMAR, s/O.eopAlnN HAIR, FOREMAN GAZETTED, NAI (NA:VAI. ARI4AMENT INSPECTORY) , NAI) POST, AlitJVZI ERNAKtJILAM.

By anvs . 11 . MOHZSNI. LIGEY ANTONY SMT . zlsMA imDHu

REspoueENT/pETITloNER:

ADITHIA,

D/o.I.p.GIREESH KunnR, GAIArHRI HousE, THIFttTVENcooR.p.o. , Ko¥ILmro¥, plN-673oo4.

BY ADVS . SRI . R . sunHlsH SNI.M.EN.U

THls mTRIMONIAL AppEAL IIAV.ING COME up FOR FINAI.L¥ HEARI) ON 03.04.2025, THE COURT ON THE SAME DAY I)ElilvERED TI]E FOI-LO"ING :

Mat.A No.21 of 2020

2 0 2 5 : KER : 2 8 5 0 2

DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ.

--11----------------------------------------

Mat.Appeal No.21 of 2020

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Dated this the 3rd April, 2025

JUDGMENT

M.B.Snehalatha, J

When this appeal came up for hearing today, learned counsel appearing for both sides submitted that the dispute between the parties has been settled and a joint petition has been filed by the counsel for the appellant and the respondent.

We have examined the joint petition and we notice that it has been signed by the counsel appearing for the parties. The terms of the settlement arrived at by the parties are lawful and therefore accepted.

In view of the I.oint petition, the Mat.Appeal is disposed of modifying the I.udgment and decree in O.P. No.210/2018 of Family Court, Vatakara as follows:

a) Appellant shall pay €7 lakhs to I:he respondent in full and final settlement of ,all the claims of respondent of which an amount of €5 Iakhs shall be paid by way of crossed demand draft

2025 : KER: 28502

Mat.A No.21 of 2020

on or before 31.5.2025 and the balance amount of €2 lakhs shall be paid by way of another crossed demand draft within three months from the date of initial payment.

b) On payment of the entire amount as agreed to, the respondent shall withdraw all petitions filed against the appellant before the Family Court, Vadakara as agreed to in the joint petition.

c) In the event of failure to make the above payments by the appellant as agreed to, the respondent herein can proceed with the execution proceedings pending before the Family Court, Vadakara as per the modified I.udgment and decree of this Court with interest @ 6% per annum as agreed to in the I.oint petition.

The parties are directed to act implicitly in terms of the

]-oint petition, which do form part of the I.udgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Sdi.-

M.B.SNEHALATHA

JUDGE

ab

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