Arun Gopinath v. Shanti Chandran

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MRS. JUSTICE MARY JOSEPH MONDAY, THE 5TH DAY OF OCTOBER 2015/13TH ASWINA, 1937 Mat.Appeal.No. 587 of 2015 () ------------------------------ O.P. NO. 190/2013 OF FAMILY COURT, ERNAKULAM. ........

APPELLANTS/RESPONDENTS:

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1. ARUN GOPINATH, S/O.LATE SRI.GOPINATH, AGED 33 YEARS, RESIDING AT SHIBULALAYAM HOUSE, PAZHAVEEDU P.O., ALAPPUZHA-688 009, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER PANKAJAM, W/O.LATE GOPINATH, AGED 61 YEARS, RESIDING AT SHIBULALAYAM HOUSE, PAZHAVEEDU P.O., ALAPPUZHA-688 009.

2. PANKAJAM, W/O.LATE SRI.GOPINATH, AGED 62 YEARS, RESIDING AT SHIBULALAYAM HOUSE, PAZHAVEEDU P.O., ALAPPUZHA-688 009.

3. ANSHA P., W/O.LATE SRI.BABURAJ, AGED 36 YEARS, RESIDING AT SHIBULALAYAM HOUSE, PAZHAVEEDU P.O., ALAPPUZHA-688 009.

BY ADVS.SRI.R.NIKHIL, SMT.P.K.PAMALA, SRI.P.ABDUL RAZAK, SRI.BINU PAUL (NETTOOR).

RESPONDENT/PETITIONER:

----------------------------------------- SHANTI CHANDRAN, D/O.CHANDRAN, AGED ABOUT 31 YEARS, RESIDING AT PAVANAPARAMBIL HOUSE, LOVELAND ROAD, CHOTTANIKKARA, ERNAKULAM DISTRICT-682 312.

BY ADV. SRI.SAJI SANKARAN NAIR.

THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 05-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

C.K. ABDUL REHIM, J.

& MARY JOSEPH, J.

------------------------------------------------- Mat. Appeal No. 587 OF 2015 ------------------------------------------------- DATED THIS THE 5th DAY OF OCTOBER, 2015

J U D G M E N T

C.K. Abdul Rehim, J:

The above matrimonial appeal is filed against the judgment in OP 190/2013 of the Family Court, Ernakulam. The appellants herein are the respondents and the respondent herein is the petitioner before the Family court. The original petition before the Family Court was filed by the respondent herein seeking for return of gold ornaments, money and personal belongings. The Family Court had decreed the suit. It is aggrieved by the said judgment and decree that the appellants are before this court. 2.

Issues involved in this case was attempted to be settled through mediation, for which the case was referred to the Ernakulam Mediation Centre. Report of the mediator received would indicate that the matter was settled between the parties on 25-08-2015 and the terms of settlement was reduced into 'Memorandum, which is signed by the 1st appellant and the 1st respondent and their respective counsel. It is evident from the Memorandum that all the issues relating to the claims raised by

MA No.587/2015 -2the respondent before the Family Court was settled in accordance with terms of the agreement. Counsel for the appellants submitted that the appeal can be disposed of by recording the compromise.

3.

Under the above mentioned circumstances the appeal is hereby disposed of by recording the settlement. Terms of the settlement incorporated in the 'Memorandum' forwarded to this court by the mediator will form part of this judgment. The impugned judgment of the Family court will stand modified in accordance with the terms of the settlement. The parties are directed to abide by the terms of the settlement, and in case of any violation the compromise decree can be executed in appropriate proceedings.

Sd/- C.K. ABDUL REHIM, JUDGE.

Sd/- MARY JOSEPH, JUDGE.

AMG True copy P.A. to Judge