E= Mat:.A No.883/2024 2025 : KER: 25836 IN TEE Hler couRT oF KERAIA AT ERNAKULzn4 PRESENT THE HONouRABIE in. ]UsTlcE DEVAN RZD4ACHANI]RzuT & THE HONOURABIIE MRS. JUSTICE M.B. SNEHALATHA wEDNESDA¥, THE 26TH DAY oF rmRCH 2o25 / 5TH CHAITHRA, 1947 mT.AppEAI[ No. 883 oF 2024 AGAINST TEE FUDGIENT DATED 29.04.2022 IN OP NO.497 0F 2019 0F FAMILY COURT, KASARAGOD APPELLENT/PETITIONER: NIRITHA I.P, AGED 34 YEARS D/O JAGTHEESH, , RESIDING AT SREIZAS , PAI.I.IKKARA, pERI¥AR RoaD , PAILIKKARA vlLLAGE , HosDUR, KASARcODE DISTRICT, (TIIE NAME 0F THE APPEI+ILZENT IS WRONCELY SHOWN AS NIKHITHA I.P IN THE CAUSE TITLE 0F THE FAMILY COURT JUDGMENT) , PIN - 671316 8¥ anvs . BITI A imNIKorm P.I.- RESPONDENT /RE SPONDENT : RABEESH K, AGED 40 YEARS S/0 BALZEN.K , RESIDING AT SOUPABNIKA, MEliADUKKAM, MA:VUNGAL, AJANUR VIIilAGE ,ANZENDASHBAM P. O, KASARcODE, PIN - 671531 BY ADVS . GHEORCH= imTHEws M.M.ANTO(K/320/1979) THIS MATRIMONIAI. APPEAL HAVING BEEN FINALliY HEARD ON 26.03.2025, THE COURT 0N THE SAbE DAY DELIVERED THE FOI.IiowING : Mat.A No.883/2024 2 0 2 5 : KER : 2 5 8 3 6 DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ. -----11------------------------------------- Mat.Appeal No.883 of 2024 Ill----I------------------------------11------ Dated this the 26th March, 2025 JUDGMENT M.B.Snehalatha, J When this appeal came up for hearing today, the learned counsel appearing for both sides submitted that the dispute between the parties has been settled in I:he 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 filed by the parties before this Court, Mat:.A No.883/2024 is disposed of as follows: a) The judgment and decree in O.P. No.497/2019 of Family Court, Kasaragod stands set aside and the parties sha[] file a I-oint petition seeking divorce by Mat.A No.883/2024 2025 : KER: 25836 mutual consent before the Family Court, Kasaragod within two weeks as agreed to in the memorandum of agreement filed before this Court. b) We also leave liberty to the parties to move the learned Family Court appropriately for waiver of the statutory 'cooling off' period; however, leaving ful'I liberty to the learned Family Court to take a final decision on it, as per law. c) The permanent custody of the minor children shall be with the appellant/mother and the respondent/father shall have visitat:ion rights as agreed to in the memorandum of settlement. d) Respondent/father shall pay maintenance to the children as agreed to in the memorandum of settlement without fail and shall remit the amount in the account of the appellant/mother as agreed to therein- The parties are directed to act implicitly in terms of the memorandum of settlement, which do form part of the ]-udgment. Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- M.B.SNEHALATHA JUDGE ab BEFORE TIE HONOuRABIAB HGH cOuRT oF RERAIA AT ERNAKulAnA Mat.ADDeal 883 /2024 Nikitha T.P Ralbeesh K Appenant : Respondent Memorandum Of Ameement under Section 89 of the Code of Clwll nocedure read wlch Rules 24 & 25 of the Kerala Civil Fhocedure flIAediatlon). Rules 2008 'The above MatAppeal was referred to mediation on 28.02.2025 by this Honble Court for making an effort to resolve the dispute between the parties. In the course of mediation the parties have agreed to settle the dispute on the following terms and conditions: 1. The parties are husband and wife. 'The Appeal filed ty the appellant - wife aggrieved by the order of the F`amily Court Kasargod in O.P 497/2019 filed by the appellant seehirig decree of divorce which was dismissed by the Family Court Kasaragod. 2. The parties agreed to dissolve their manage by mutually filing petition under section 138 of Hindu Marriage Act 1955 before the Honourable Family Court Kasaragod within 2 weeks from the date of this mediation agreement. Both parties shall co-operate fully and promptly during the procedures of the divorce petition ensurir|g all the requirements in a timely manner. p#er Nikitha T.P -2- 3. The parties agreed that the permanent custody and legal guardianship of both their minor children Vrinda T.P, aged 10 years and Swathika T.P aged 6 years, will be with the appellant herein (mother of the children}. for all purposes. 4. It is agreed that the respondent provide monthly maintenance to the children for a sum of Rs. 6000/- to be paid as fonows: Rs. 3500/- for the elder child- Vrinda T.P Rs.2500/-for the Younger child -Swathika T.P The amount shall be paid on or before 05th day of each month . The respondent shall ensure that the amount is paid without delay and agrees to review and increase the maintenance amount, if necessary, in accordance with any changes in the financial and personal circumstances of either party or the children. 5. 'The parties agreed that the respondent- father shall have visitation rights to see and interact with the children every first and third Saturday of each month, between the hours of 11 AM and 2 PM on the premises of Sub- Court at Hosdurg. Parties have to report and handover the children in the presence- Of i sheristadar of Sub-Court ,Hosdurg. Both parties agree to facilitate and support the visitation, ensuring that that the children are available and visits occur as scheduled. -3- 6. It is agreed that the respondent shall transfer the amount of monthly maintenance of the children to the account of the appellant maintained with Punjab National Bank Account Number : 7686000100044158 Na]ime : Nikitha T.P. IFSC Code : PUN80768600 KANIIANGAD on or before 05th day of every month . 7. The parties agree to abide by the conditions stipulated above and that in default of any of the conditions herein above mentioned. by either party. the other party shall have the right to enforce the conditions by resorting to execution proceedings on the basis of the decree passed in this case and the errant party will be liable for the costs and consequences thereof that may ensue to the other party. 8. The parties hereby agree and explicitly confirm and declare that they are entering in to this agreement of their own vontion, without any undue influence or coercion. Petitioner -.++t.Ei+ Nihitha T.P Reapondent RAbe.::i -4- 9. The parties agreed that this Honourable Court may dispose and pass orders in the above Mat.Appeal 883/2024 in terms of this agreement . Dated this 15th day of March 2025 Petltloner -..tEZ` Nikitha T.P @IJ I . A. MANILOTH. @prfuKi,+5!dD\z Counsel for the Petltloner Respondent The above Settlement Agreement is authenticated by me. ± Adv. Laija George K (Mediator)