Case brief
What is this about?
Kerala High Court at Ernakulam, Mat.Appeal No.517 of 2024, decided 03.04.2025 (Devan Ramachandran & M.B. Snehalatha, JJ.; judgment by M.B. Snehalatha, J.). Appeal against judgment dated 28.02.2024 in OP No.568 of 2017, Family Court, Palakkad, dismissed as withdrawn based on mediated settlement (Mediation Centre, Ernakulam; memorandum dated 19.03.2025 under S.89 CPC with Rules 24 & 26, Kerala CP(ADR) Rules 2008). Terms: Rs.17,50,000 full-and-final settlement to appellant (wife) including claims of minor daughter; Rs.50,000 maintenance arrears for minor child; total Rs.18 lakhs in three installments of Rs.6 lakhs by 30.05.2025/31.07.2025/31.10.2025; withdrawal of Mat.Appeal 922/2017, MC 261/2023, A.P.No.249/2014 and MC No.96/2014 (Family Court, Palakkad); default triggers Clause (4)/revival; memorandum part of judgment. No precedents cited.
What did the court decide?
Mat. Appeal No.517/2024 dismissed as withdrawn on the basis of the mediated memorandum of agreement (dated 19.03.2025), subject to conditions: respondent to pay appellant Rs. 17,50,000 in full and final settlement of all claims (including claims of the minor daughter) plus Rs. 50,000 towards arrears of maintenance of the minor child — total Rs. 18 lakhs payable in three equal monthly installments of Rs. 6 lakhs on or before 30.5.2025, 31.7.2025 and 31.10.2025 to the appellant's bank account; parties to withdraw/relinquish the cases listed in Clause (3) of the memorandum (Mat.Appeal No.922/2017, MC No.261/2023, A.P.No.249/2014, MC No.96/2014); on default, Clause (4) of the memorandum applies (pending and decided cases revive); parties directed to act in terms of the memorandum, which forms part of the judgment.