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2019 Supreme(Ker) 911

K.HARILAL, ANNIE JOHN
M. Sethumadhavan – Appellant
Versus
Savitha V. C W/o Sethumadhavan – Respondent


Advocates Appeared:
For the Appellant : Sri. K. Simod Sivan
For the Respondent: Sri. K. Mohanakannan, Smt. A.R. Pravitha

JUDGMENT :

K. Harilal, J.

1. This Mat.Appeal has been filed by the appellant, challenging the decree and judgment passed in OP 199/14 of the family court, Kannur. The appellant and respondent are husband and wife respectively. The respondent herein filed the aforesaid original petition against the appellant herein seeking a decree directing the appellant to pay Rs.11,25,000/- with interest as the amount fixed as per mediation agreement entered into between the appellant and the respondent in OP 730/2012 and MC 340/12 and Rs.5,00,000/- as compensation for the damages caused to the respondent by the appellant due to the non-performance of the mediation agreement. The averments in the original petition, which are required for consideration of this appeal, in brief, are as follows:

2. The marriage between the appellant and the respondent was solemnized on 15.9.2003 and they lived together in matrimony as husband and wife till 11.11.2011. During the aforesaid period of cohabitation, the appellant treated the respondent with cruelty and brutally attacked her frequently and eventually ousted her from the matrimonial home. Against the act of cruelty, she had preferred a criminal case against

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