Mohammed Sudheer v. Rehna Mohammed

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MRS. JUSTICE MARY JOSEPH TUESDAY, THE 22ND DAY OF SEPTEMBER 2015/31ST BHADRA, 1937 Mat.Appeal.No. 586 of 2015 () ------------------------------ AGAINST THE ORDER IN OP 989/2010 of FAMILY COURT,KOZHIKODE DATED 30.08.2014 APPELLANT(S)/APPELLANT/RESPONDENT:

---------------------------------- MOHAMMED SUDHEER AGED 38 YEARS S/O.SIDEEQUE POOKOYA, A1-HUMD, THADAPATTIL HOUSE THADAMBADTTU THAYAM, KAKKODI, P O VENGERI KOZHIKODE BY ADVS.SRI.K.M.FIROZ SMT.M.SHAJNA SRI.S.KANNAN RESPONDENT(S)/RESPONDENT/PETITIONER:

------------------------------------ REHNA MOHAMMED REHNA MOAHAMMED, D/O.MOHAMMED KOYA, NO 11 STATE BANK COLONY, CHEVAYOOR, KOZHIKODE 673017 BY ADV. SMT.P.A.REZIYA THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 22-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

C.K.ABDUL REHIM & MARY JOSEPH, JJ.

========================= Mat.Appeal No.586 of 2015 ============================ Dated this the 22nd day of September, 2015

JUDGMENT

Abdul Rehim, J.

The above appeal is instituted against the order in O.P No.989 of 2010 of the Family Court, Kozhikode. Case before the Family Court was instituted by the respondent herein under the provisions of the Dissolution of Muslim Marriage Act, seeking to dissolve marriage existed between the parties to the appeal. The court below allowed the petition and declared dissolution of the marriage between the parties, through the impugned order. It is aggrieved by the said decision the appellant/husband had approached this court.

2. When the respondent entered appearance, the appeal was referred for mediation to the District Mediation Centre, Kozhikode. A report submitted by the Co-ordinator, District Mediation Centre, Kozhikode dated 01.09.2015 would indicate

Mat Appeal.No.586 of 2015 that the matter was settled in mediation between the parties and a memorandum of agreement was executed under Section 89 of the Code of Civil Procedure, which is appended along with the report of the mediator.

3. From the memorandum of agreement executed and signed by the parties and their respective counsel, it would indicate that the parties have agreed upon for dissolution of the marriage ordered by the Family Court and that the appellant had conceded to withdraw this appeal. It is also evident that the parties have agreed upon terms with respect to return of money, custody of minor child, maintenance to the minor child etc. In view of the memorandum of settlement executed by the parties at mediation, the above appeal is hereby dismissed as withdrawn. The memorandum of settlement will form part of this judgment. The parties will abide by the terms of the settlement. Sd/- C.K.ABDUL REHIM, JUDGE Sd/- MARY JOSEPH, JUDGE vdv