IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN & THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 MAT.APPEAL NO. 474 OF 2021 AGAINST THE JUDGMENT AND DECREE DATED 30.04.2024 IN OP NO.302 OF 2015 OF FAMILY COURT,ERNAKULAM APPELLANT/RESPONDENT: SIMI @ ANNAMMA, AGED 41 YEARS D/O. THOMAS, UNNUKAKALLUTHOTTIYIL HOUSE, KATTACHIRA, KOTTAYAM, PIN CODE 686 572 SIBY CHENAPPADY AIBEL MATHEW SIBY(K/1376/2020) ANU GEORGE(K/1793/1995) ELANA ROSE SIBY(K/3081/2022) RESPONDENT/PETITIONER: NISHANTH THOMAS @ JOSEPH,AGED 41 YEARS S/O. K.J THOMAS, KEERAMPANAL HOUSE, KOODARANJI P.O, KOZHIKODE 673 604 VARGHESE C.KURIAKOSE JISA P.JOSE THIS MATRIMONIAL APPEAL HAVING COME UP FOR HEARING ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29562 MAT.APPEAL NO. 474 OF 2021 2 JUDGMENT Devan Ramachandran , J. When this matter was called today, the learned counsel for both sides were ad idem that all disputes between their clients have been settled under the aegis of the Ernakulam Mediation Centre, High Court of Kerala. 2. We notice that a report has been placed before us by the Nodal Officer of the Mediation Centre, containing the original of the Memorandum of Settlement between the parties. 3. We have examined the afore Memorandum of Settlement and notice that it has been subscribed to by the parties and signed by their learned counsel. We, therefore, see no reason not to accept the same. 4. Consequently, we dispose of this appeal in terms of the agreement between the parties, as reflected in the Memorandum of Settlement, a copy of which shall stand appended as part of this judgment. 5. As a corollary and with the consent of both sides, we clarify that if the respondent is to pay the amount of Rs.1 crore as agreed by him, to the appellant and his minor daughter 2025:KER:29562 MAT.APPEAL NO. 474 OF 2021 3 within the time frame fixed, this appeal will stand dismissed and the impugned judgment and decree will stand confirmed. 6. If, on the contrary, the respondent is to make any default in payment as agreed by him within the time frame agreed, this appeal will stand allowed and the impugned judgment and decree will stand set aside. 7. We, resultantly, direct the parties to act expressly in terms of their agreement. We also leave liberty to the parties to approach this Court for any clarification or further directions for the working out of the compromise as recorded above; in which event, such application/s shall be placed before us for appropriate orders by the Registry. Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- M.B. SNEHALATHA JUDGE stu 1 BEFORE THE HON'BLE HIGH COURT OF KEfIALA AT ERNAl(ULAM Mat Appeal No. 474 of 2021 Simi@ Annamma Appel]ant Nishanth Thomas Respondent MEMORANDUM OF AGREEMENT UNDEF` SECTION 89 0F THE CODE OF CfvTL PROCEDURE READ WITH RULES 24 & Z5 0F THE KERALA CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION) RULES 2008 The above case relates to the disputes between the Petitioner and the Respondent arising out of their marriage and regarding the custody and welfare of the minor daughter by name Saaya Anna Njshanth now aged 15 years (DOB-20/8/2009) The disputes and claims between the parties in the above matter was resolved in mediation in the following terms and conditions: 1, The. respondent agrees to pay an amount of Rs.1,00,00,000/- (Rupees one crore) towards full and final settlement of the claims put forward by the appellant Simi @ Annamma for herself and for the minor daughter saaya Anna Nishanth. 2. The respondentagrees to pay an amount of Rs.10 lakhs (Rupees ten lakh only) to be paid out of the amount of 1 Crore mentioned in clause 1. The said amount of 10 Iakhs, being the arrears of maintenance due to the minor daughter Saaya Anna Nishanth will be remitted by the respondent Nishanth Thomas in the SB Account of the appellant Simi @ Annamma. The appellant on receipt of the said amount agrees that 64/202-4 pending before the Fami'[y Court, claim satisfied Appellant Simi @ Annamma Respo xecution will be ndent- Njshanth Thomas :I.,~``.`` . 2 3. The respondent agrees that he will continue the payment of the monthly maintenance of Rs.10,000/-for the minor daughter without any default, which has fallen due from the month of November. He also agrees that the payment of the maintenance of Rs.10,000/-will be made by the respondent father on him on monthly basis without fail, on or before the loth every calender month. In case of default, the appellant mother Simi @ Annamma as the natural guardian of the minor daughter is at liberty to initiate appropriate proceedings before the suitable Forum for recovery of the maintenance amount. 4. The respondent father agrees to pay an amount of Rs.40 lakhs which is part of the amount One crore as stipulated in clause 1 of the agreement. The said amount will be remitted, within a period of 6 months from the date of this agreement, by way of fixed deposit, in the name of minor daughter Saaya Anna Nishanth, in a Nationalized Bank, with the appellant mother as the guardian with liberty to the appellant mother, to withdraw the interest from the said fixed deposit in case of necessity as required or decided by the appellant mother. 5. The respondent father further agrees to pay the balance amount of Rs.50,00,000/-(Rupees fifty lakh only) in addition to the amount of to the appellant Simi @ Annamma, remaining out of the total amount Rs.1 crore as stipulated in clause 1 of the agreement. The said amount is paid by the respondents towards the full and final settlement of the claims raised by the appellant for herself in the petition O.P.No.881/2020 for r.ecovery of money and properties pending before the Family Court, Ernakulam and M.C.No.102 of 2022, pending before Ettumannoor. Appellant -..1.`,i,;. Simi @ Annamma Eiii Respondent Nishanth Thomas 6. The respondent father further agrees to deposit the principal amount of Rs.50 lakhs( in addition to the 1 Crore as stipulated in clause 1 to be utilised by the daughter for her marriage or for any major event other than the marriage in the life of the daughter Saaya Anna Nishanth, which is to be decided between the father and the daughter, The proposal for marriage or any other major event in the life of the daughter shall be decided upon after due consulation with the father. The respondent agrees that the deposit of the said amount will be made on or before 20/8/2030. The amount with accru,ed interest thereon will be disbursed by the respondent's father to the daughter for the above mentioned purposes. On receipt of the amounts from the respondent as stipulated in clause 1 to 4, the appellant Simi @ Annamma agrees to withdraw the petitions OP No.881/.2022 pending before the Family Court, Ernakulam and MC No.102/2024, of jFMC, Ettumannor. 7. Both the parties agrees that the above said terms of agreement entered into by the parties can be executed as a Decree/Order in the proceedings in MC N.a.10`2/2`0.2`4, pending before the Judicial First Class Magistrate Court, Ettumanoor. after the stipulated period is over in case the amounts are not paid as agreed by the parties to the agreement. If any part of the amount is paid by the respondent execution proceedings can be initiated for the recovery of the balance amount that is remaining unpaid' 8. Both the parties agree that since the son is now age,d 18 years, there need not be any agreement regarding the custody of the son. Since the son Rahul Nishanth is residing with the respondent father, in England, the respondent agrees that he will make necessary arrangements, taking into account, the situations and the timing of both the countries for a :::itp:::A:ln:nnrata:tlmoanasnth:;:if:andtheapp::s:h:a:nn::::nh::rn Nishanth Thomas 4 9`, Both the parties ag.ree that the permanent custody of the minor daughter Saya Anna Nishanth shall remain with the appellant Simi @ Annamma who is the mother. 10, The appeJlant agrees that she will make all necessary arrangements for cordial interaction between the father and the minor daugh,tor taking into account the timing and academic exigency of the daughter. Accordingly, the respondent father agrees to contact the daughter and interact with her during a convenient time preferably between 7:00 p.in. and 08:00 p.in. (lsT) 11. Both the parents agree that the communication/interaction with the children by the respective parents will be without any interference from either of the parents at the time of interaction of the children. 12. Both the p.arties agree th'at since the dispute as on the date of signing the agreement has been resolved, they will not jnjtjate or prosecute any further petitions or complaints against the other or their assets, in any legal forums in future with respect to the dispute involved herein after the payment of the above said amount . 13. The parties to the agreement agreement undertake that they shall duly perform and abide by all the` te.rms and condi.-tions as contained i-n the settlement agreement and compliance of the terms regarding the payment of the amount of Rs.1 Crore as stipulated in clause 1 in total, which is payable in a period of 6 months in total, the petition O.P.No.881#022 filed by the appellant for recovery of `the money and property including gold as well as M.C.No.1,02 of 2022 will be closed as withdrawn, after the payment of the amount of Rs.1 Crore as of the agreement Appe„ant Simi @ Annamma •.,:ir}.:i-? Respondent Nishanth Thomas clause 1 14. In the light of the above terms of settlement, after the receipt of the amount of Rs.1 Crore as in-ay be pleased 'to dismiss Of of settlement. #i ipulted in clause No.1 this Hon'ble Court e 'above appe`al after recording the terms .--,.i - Dated this 24th the day of March, 2025 Respondent -i------: Appella-nt Simi @ Annamma Counselfor=+` ou.S;bJGCh4€T:qpq? Nishanth Counsel for This settlement agreement is authenticated by me -twneffi Adv.Sally Thomas Chacko(Medi