Remya M.K v. Veettu E
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 Mat.Appeal.No. 1111 of 2014 (D) ------------------------------------ AGAINST THE JUDGMENT IN OP 1779/2010 of FAMILY COURT, ERNAKULAM DT.12/06/2014 ---------- APPELLANT/PETITIONER:
---------------------------- REMYA M.K., AGED 27 YEARS D/O.RAVINDARN NAIR, KARUVANKANDY HOUSE, NOCHAD NADUVANNUR, KOZHIKODE BY ADVS. SRI.SHAJI P.CHALY SMT.K.S.SUMITHA SMT.K.JASMIN BABY SRI.S.GOPAKUMAR SRI.R.SANJITH SMT.C.S.SINDHU KRISHNAH SRI.ANISH ANTONY SRI.M.SHINO RESPONDENTS/RESPONDENTS:
-----------------------------------
1. VEETTU E, AGED 35 YEARS S/O.SANKARA KURUP, THANDRAPPALLI, KURIKKILAD, VATAKARA, KOZHIKODE-673104 AT PRESENT WORKING AT J-RAY METRO MOTT, P.O. BOX NO.18180 BADGA NO 308050, GABELANI WELDING DEPARTMENT DUBAI-UAE
2. NARAYANIKUTTY AMMA, AGED ABOUT 63 YEARS W/O.SANKARA KURUP, THANDRAPPALLI, KURIKKILAD VATAKARA, KOZHIKODE-673104
3. SANKARA KURUP, AGED ABOUT 71 YEARS, THANDRAPPALLI, KURIKKILAD, VATAKARA KOZHIKODE-673104.
R1-R3 BY ADV. SRI.P.S.SREEDHARAN PILLAI THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 08-04-2015, ALONG WITH MA. 1112/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K. T. SANKARAN & BABU MATHEW P. JOSEPH, JJ.
------------------------------------------------ Mat. Appeal Nos.1111 & 1112 of 2014 ------------------------------------------------ Dated this the 8th day of April, 2015
JUDGMENT
K. T. Sankaran, J.
The parties in both the appeals are substantially the same. O.P. No.136 of 2011 was filed by Veettu.E against Remya, Ravindran Nair and Chandrika, Remya being the wife of Veettu, claiming damages and marriage expenses. The Family Court partly allowed O.P. No.136 of 2011 against which Remya and others, the respondents in O.P. No.136 of 2011 filed Mat. Appeal No.1112 of 2014.
2. Remya filed O.P. No.1779 of 2010 before the Family Court against Veettu and his parents for return of gold ornaments. The Family Court dismissed O.P. No.1779 of 2010 against which Remya filed Mat. Appeal No.1111 of 2014.
3. When the appeals came up for hearing, the parties were referred for mediation and they settled their disputes and differences before the Mediation Centre. A Memorandum of
-2Settlement was arrived at between the parties, the terms of which are the following:
"
Parties agree to settle the disputes involved in the above Mat. Appeal and Mat. Appeal No.1111 of 2014 on the following terms and conditions:
1.Appellants agree to pay and the respondent agrees to accept a sum of Rs.1,25,000/- (Rupees One Lakh and Twenty Five Thousand only) in full and final settlement of the respondents claim as per order dated 12.06.2014 in O.P.
No.136 of 2011 of the Family Court, Ernakulam which is under challenge in the above appeal.
2.The above mentioned amount shall be paid by the appellants to the respondent within a period of 4 months from 01.04.2015.
3.On failure of making payment as mentioned above, the amount shall carry interest @ 09% per annum from 01.08.2015 till realization.
4.Appellant No.1 agrees to withdraw Mat.
Appeal No.1111 of 2014 pending before this Hon'ble Court.
5.On compliance with the above mentioned conditions, the parties shall not have any further claim against each other.
6.On compliance with the payment of amount as mentioned above, the respondent, Veettu shall not have any objection in this Hon'ble Court quashing C.C. No.196/12 on the files of Judicial First
-3Class Magistrate Court, Perambra, arising out of Crime No.496 of 2010 of Perambra Police Station.
7.The above Mat. Appeal may be allowed recording this settlement and modifying the order dated 12.06.2014 passed by the Family Court, Ernakulam in O.P.
No.136/2011 and dismiss Mat. Appeal No.1111/2014 as withdrawn."
The Memorandum of Settlement is recorded and accordingly Mat. Appeals are disposed of as follows:
1) Mat. Appeal No.1111 of 2014 is dismissed as withdrawn.
2) Mat. Appeal No.1112 of 2014 is disposed of in terms of the settlement in O.P. No.136 of 2011 on the file of the Family Court, Ernakulam.
Sd/- K. T. SANKARAN JUDGE Sd/- BABU MATHEW P. JOSEPH JUDGE kns/- //TRUE COPY// P.A. TO JUDGE
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