ugivq\q^ Mat.Appeal No.517 of 2024 2025 : KER: 28 924 IN THE HIGH COURT 0F RERAILA AT E AKULZD4 PRESENT THE HONouRABLE MR. BusTICE DEVAN RzumcHANDRAN & THE HONOuRABI]E ms. dusTlcE M.B. SREHAIATHA THURSDAY, THE 3RD DAY OF APRII- 2025 / 13TH CHAITHRA, 1947 RAT.APPEAI-NO. 517 0F 2024 AGIAINST THE JUDGMENT DATED 28.02.2024 IN 0P NO.568 0.F 2ol7 oF FAMII.I couRT, PAI,AKKAD APPEliLENT /RESPONDENT : DHavA, AGED 41 yEARs D/O. V.ARAVINDAKSHZEN, POOVATIIINGAli HOUSE, ATHIPOTIA, AliATHUR TAIIUK, PAliAKKAI), PIN - 678544 BY ADVS . U . BALAGANGADHARAN R. pRADEEp KtnmR RESPONDENT/PETITIONER: NISHADH 8 ACHED 46 YEARS s/o K. BAltACHANDRanr KousTHUBHAM, 3/725 , slljvER I[ANE KURUDIKKADU, PUTHUSSERT, PALAKKAD, PIN - 678623 BY ADVS . inHESH v MENON RArlTHA v.K(K/1199/2020) THls mTRIMONIAI] AppEAL HZIVING coed up FOR ADMlssloN oN 03.04.2025, THE COURT ON THE SAIE DAY DEI.IVERED THE FOI-LOWING: Mat.Appeal No.517 of 2024 2 0 2 5 : KER : 2 8 92 4 DEVAN RAMACHANDRAN & M.B.SNEllALATHA, JJ. ----------------- 11 ------------------------- Mat.Appeal No.517 of 2024 -------I------------------------11-----11---- 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 in the mediation held under the aegis of Mediation Centre, Ernakulam and a memorandum of agreement has been filed before this Court. 2. We have examined the memorandum of agreement and we notice that it has been signed by the parties and subscribed by their counsel. The terms of the agreement are lawful and therefore the settlement arrived at by the parties is accepted. 3. In view of the memorandum of agreement f"ed by the parties before this Court, the Mat. Appeal No.517/2024 is dismissed as withdrawn subject to the following conditions: a) Respondent shall pay an amount of €17,50,000/-to the appellant in full and final settlement of all the claims between the appellant and the Mat:.Appeal No.517 of 2024 2 0 2 5 : KER : 2 8 92 4 respondent including the claims of minor daughter. b) In addition to the above, respondent shall also pay an amount of €50,000/- towards the •arrears of maintenance to the minor child. / c) The total amount of €18 lakhs as mentioned in clause (a) and (b) shall be paid in three equal monthly installments of €6 lakhs each of which the first installment shall be paid on or before 30.5.2025; 2nd installment shall be paid on or before 31.7.2025 and the final installment shall be paid on or before 31.10.2025. The amount shall be remitted in the account of the appellant mentioned in the memorandum of agreement. d) In view of the settlement arrived at between the parties, they shall withdraw the cases mentioned in Clause (3) of the memorandum of agreement. e) In the event of non payment of the amount as agreed to, parties can invoke to clause (4) of the memorandum of agreement. The parties are directed to act implicitly in terms of the memorandum of agreement, which do form part of the judgment. Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- M.B.SNEHALATHA JUDGE ab BBFORB THE HON'BLB HiGH co=}R-I oF IEERAzrfe AT ERNAKulAn4 Dhanya Nishad.b. a Mat.Appeal No.517 0F` 2024 Appellant •Rxpond€nt MEMORANDUM OF AGREEMENT UNDER SECTION 89 0F TIIE CODE OF clvm pRocEDURE READ VITH RULrs 24 a 26 oF TIIB clvn PROCEDURE {AIJTERNATIVE DISPUTE RESOLUTION),RULES, 2008: The above matrimonial appeal has been refeITed to mediation by this Hon'ble court on 19.03.2025. The disputes between the appellant and the respondent are settled amicably . The appellant and the respondent agreed to settle the matter on the following terms: 1. The respondent has agreed to pay an amount of RS. 17.50.000/- ( Rs. -Seventeen 'hakhs fifty Th.ousan'd .only ) towards full and final ~settlement all the 'c]atms b-etueen the appellarit all-d the re§pt]ndent mcfudmg the cfalms uf minor daughter. The respondent will pay an amount of RS: 50.000/-(Rupees fifity thousand only) towards the arrears of maintenance to the minor child. Therefore. the respondent has agreed to pay a total amount of Rs. 18.00.000/- ( Rupees Eighteen La]ths)( Rs.17,50,OOO+50,OOO/-) to the appellant in 3 equal installments of Rs.6,00.000/-(Ruriees six lakhs only} on 30.05.2025„31.07.2025.31.10.2025 respectively to the account detailed as below. Dhanya A, A/c No.$5450201rm7938, Unfon Bank of lhdla, Tarur. IF`SC Code:UBIN0565458. ADP::ly=tJEL Responde Nishadhulof## (2)` 2. The appellaHt and resprmderlts are agreed co rellHqulsn thelf respecthre claims and also agreed that the appellant and her daughter will not raise any monitory or other claims against the respondent in future. The appellant is also entering into this agreement on behalf of minor child. 3. The appellant agreed to with draw Matrimonial Appeal No.922/2017 on the files of this Hon'ble court and MC No. 261/2023 on the files of the F`amily Court, Palakkad filed by the minor daughter for getting maintenance. The appellant and respondent also agreed to relinquish all rights and claims in the cases a.P.No.249'/2014 & MC` No;96/2014 o.rr the- fil.es o.I th-e Family Co.urt. Palalckad. It ls alstl qpeed betweefi the parties that elthef the appellarft or her minor daughter will not raise any claim including maintenance against the respondent in future. It is also agreed that the respondent shall not interrupt daily life or raise arty legal or other claims regarding the appellant as well as the minor daughter in the future. 4.The appellant and respondent agreed that in case of non-compliance of any of the above condition regarding payment of settlement amount before 31/10/2025. all the pending and decided cases between the parties shall revive. TAB agreement 1g in fLiLl and final Settlement Of all claims between the appellant and the respondents. Parties are agreeing on the same upon their free will and not upon any coercion and undue influence. Dated this 19th day of March,2025 ¥£s_:¥& Nishadh .84` `LAdr.p&rthasaratryM.K.(MediatoffiL=j:=± Appeifet Dhanya gfa Counsel for the Appell #`u}'o7#;