2025:KER:12881 [Mat.Appeal Nos.595/2020,RPFC NO. 294/2023] 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN & THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA THURSDAY, THE 6TH DAY OF FEBRUARY 2025 / 17TH MAGHA, 1946 MAT.APPEAL NO. 595 OF 2020 AGAINST THE JUDGMENT DATED 27.08.2020 IN OPHMA NO.194 OF 2019 OF FAMILY COURT, THODUPUZHA APPELLANT/ PETITIONER : K.P.VENUGOPAL AGED 58 YEARS D/O. KUTTAPPA KAIMAL, ANU VIHAR, MANAKKAD, NOW RESIDING AT VAKKANDATHIL BUILDING, THEKKUMBHAGAM P.O., THODUPUZHA, THODUPUZHA TALUK-685608. BY ADVS. C.S.MANILAL SRI.S.NIDHEESH RESPONDENTS/ PETITIONER : 1 OMANA P.M., W/O. K.P. VENUGOPAL, AGED 54 YEARS, ANU VIHAR, MANAKKAD P.O., MANAKKAD VILLAGE, THODUPUZHA TALUK, PIN-695608. 2 ADDL.R2 THE MANAGER THODUPUZHA URBAN CO-OPERATIVE BANK. (ADDL.R2 IS SUO MOTU IMPLEADED AS ADDITIONAL R2 AS PER ORDER DATED 29.01.2025 IN M.A.NO.595/2020) SRI N K SUBRAMANIAN; SRI SAJEEV KUMAR GOPAL THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 06.02.2025, ALONG WITH RPFC.294/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:12881 [Mat.Appeal Nos.595/2020,RPFC NO. 294/2023] 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN & THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA THURSDAY, THE 6TH DAY OF FEBRUARY 2025 / 17TH MAGHA, 1946 RPFC NO. 294 OF 2023 AGAINST THE PROCEEDING IN THE FAMILY COURT AT THODUPUZHA CRL.M.P.NO.36/2020 DATED 27.03.2023 IN MC NO.6 OF 2018 REVISION PETITIONER/PETITIONER: OMANA AGED 58 YEARS W/O. K.P VENUGOPAL, ANU VIHAR, MANAKKADU P.O, MANAKKADU VILLAGE, THODUPUZHA TALUK, PIN - 685608 BY ADV DOMSON J.VATTAKUZHY RESPONDENT/COUNTER PETITIONER: K.P VENUGOPAL AGED 62 YEARS, S/O. KUTTAPPAKAIMAL, ANU VIHAR, MANAKKADU P.O, MANAKKADU VILLAGE, THODUPUZHA TALUK, PIN - 685608 THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 06.02.2025, ALONG WITH Mat.Appeal.595/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:12881 [Mat.Appeal Nos.595/2020,RPFC NO. 294/2023] 3 JUDGMENT DEVAN RAMACHANDRAN (J) When this matter was called today, both sides agreed that the issues between the parties have been fully settled under the aegis of the Kerala State Mediation Counselling Centre of this Court and that a Memorandum of Agreement dated 05.07.2024 is on record. 2. The learned counsel for the parties further explained that, even though the Agreement was entered as early as on the afore date, it could not be fructified because the amounts due to the wife were deposited with the “Thodupuzha Urban Co-operative Bank”, but which entity was under the rigor of moratorium declared by the Reserve Bank of India. However, they then affirmed that, as of now, the moratorium has been lifted; and therefore, that 2025:KER:12881 [Mat.Appeal Nos.595/2020,RPFC NO. 294/2023] 4 the compromise can now be fully worked out. 3. The afore assertions were confirmed by Sri.Sajeev Kumar Gopal – learned counsel for the above said bank. 4. The learned counsel for the parties, then submitted that, even though the Agreement mandates that their respective clients shall file a mutual consent petition before this Court, it is now fully agreed by them that it will be done before the learned Family Court. a) This appeal is allowed and the impugned judgment and decree set aside subject to the following directions, based on the agreement between the parties, a copy of which shall stand appended to this judgment. i) The parties will file a petition for divorce through mutual consent before the learned Family Court, within a period of one month from the date of receipt of a copy of this 2025:KER:12881 [Mat.Appeal Nos.595/2020,RPFC NO. 294/2023] 5 judgment. b) The appellant will assign his rights in terms of rights over the property as mentioned in Clause 3 of the Memorandum of Settlement, within a period of one month from the date of receipt of a copy of this judgment. We record the undertaking of Sri.N.K.Subramaniam – learned counsel for the wife, that his client will bear full expenses this purpose. c) It is stated by both sides that C.C.No.113/2017 before the learned Judicial Magistrate, Thodupuzha has already been concluded, with the husband being acquitted. This is recorded. d) R.P(FC)No.294/2023 is disposed of in terms of the Agreement between the parties. Needless to say and as expressly admitted by the learned counsel for both sides, an amount of Rs.15 lakhs from the deposit available with 2025:KER:12881 [Mat.Appeal Nos.595/2020,RPFC NO. 294/2023] 6 the “Thodupuzha Urban Co-operative Bank” will be entitled to be withdrawn by the wife, with the balance amount - which is the accrued interest - to be entitled to the husband. Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- M.B. SNEHALATHA JUDGE SAS 2025:KER:12881 [Mat.Appeal Nos.595/2020,RPFC NO. 294/2023] 7 The date ‘05.07.2024’ occurring in the first paragraph of the Judgment dated 06/02/2025 in Mat Appeal 595/2020, stands corrected as ‘05.07.2023’ as per order dated 26/03/2025 in IA 2/2025 in Mat Appeal 595/2020. Sd/- Deputy Registrar