Baburajan Pillai v. Nishamol

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.K.MOHANAN & THE HONOURABLE MR. JUSTICE P.D.RAJAN MONDAY, THE 5TH DAY OF JANUARY 2015/15TH POUSHA, 1936 Mat.Appeal.No. 419 of 2012 () ------------------------------ AGAINST THE ORDER IN OP(HMA) 470/2005 of FAMILY COURT, KOTTARAKKARA DATED 2.4.2012 APPELLANT(S)/PETITIONER:

--------------------------- BABURAJAN PILLAI AGED 45 YEARS, S/O.GOPALA PILLAI, NEDUMANOOR VEEDU KARINGANNOOR (P.O), VELINALLOOR VILLAGE KOTTARAKKARA TALUK.

BY ADV. SRI.B.MOHANLAL RESPONDENT(S)/RESPONDENTS:

---------------------------

1. NISHAMOL AGED 35 YEARS, D/O.GOPINATHAN ASHAN, ALAKA KARINGANNOOR (P.O), (FROM EDATHARA MELOOT VEEDU) THALACHIRA P.O., KOTTARAKKARA TALUK-689 664.

2. GOPINATHAN ASHAN EDATHARA MELOOT VEEDU, THALACHIRA P.O.

KOTTARAKKARA TALUK-689 664.

R1 & 2 BY ADV. SRI.SAJU.S.A THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 05-01-2015, ALONG WITH MA. 516/2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ami/

V.K.MOHANAN & P.D.RAJAN, JJ.

------------------------------- Mat.Appeal.Nos.419 and 516 of 2012 ------------------------------- Dated this the 5th day of January, 2015.

J U D G M E N T

Mohanan, J.

Mat.Appeal No.419/12 is preferred against the common judgment dated 2.4.2012 in O.P.(HMA) No.470/05 of the Family court, Kottarakkara, which is a petition filed by the husband for divorce and as per the impugned judgment, the said petition was dismissed. Whereas, Mat.Appeal No.516/12 is preferred by the wife against the order dated 2.4.2012 in O.P.No.535/05 of the Family court, Kottarakkara, at the instance of the appellant who is the petitioner in the above original petition for return of gold ornaments and money, which was also dismissed.

2. During the pendency of the above appeals before this Court, the parties were directed to undergo mediation proceedings. Now, it is reported that the matter is mediated and settled. As per the letter dated 30.7.2014 of the Nodal Officer, Ernakulam Mediation Centre, the Nodal Officer has

Mat.Appeal.Nos.419 and 516 of 2012 forwarded the report of the mediator and the settlement agreement signed by both the parties.

3. We have perused the memorandum of agreement recorded under section 89 of CPC r/w Rule 24 of the Civil Procedure (Alternative dispute resolution) Rules 2008. On the basis of the settlement arrived, these appeals are disposed of and the above settlement forms part of this judgment.

4. Accordingly, the decree and judgment dated 2.4.2012 in O.P.(HMA) No.470/05 of the Family court, Kottarakkara, is set aside and OP (HMA) No.470/05 of the Family court, Kottarakkara, stands allowed, dissolving the marriage solemnised between the petitioner and 1st respondent on 3.9.1997. A decree follows accordingly. Sd/- V.K.MOHANAN, Judge Sd/- P.D.RAJAN, Judge ami/ //True copy// P.A.to Judge