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2021 Supreme(Ker) 59

A.MUHAMED MUSTAQUE, C.S.DIAS
Benny S/O. Maliyekkal Malakkaran Varghese – Appellant
Versus
Mini D/O. Edassery Changan Xavier – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.K.M.Firoz, Sri.E.C.Ahamed Fazil, Smt.M.Shajna, Smt.Ummul Fida, Advs.
For the Respondent: Sri.G.Sreekumar (Chelur), Adv.

JUDGMENT :

C.S. Dias, J.

Is it permissible to withdraw one's consent in a petition filed for dissolution of marriage by mutual consent, filed pursuant to a compromise, is the point that emanates for consideration in the appeal?

2. The appellant (husband) and the respondent (wife) are Christians. They were married on 10.9.2003. Two children, Anliya and Blessin, were born in the wedlock. The marriage ran into rough weather, forcing the respondent to file O.P.No.1133/2010, seeking a decree for return of money and gold ornaments and M.C 349/2010, seeking an order for maintenance, before the Family Court, Thrissur. The appellant filed O.P. 433/2010 before the same court, seeking a decree of divorce. The cases were later transferred to the Family Court, Irinjalakuda. The parties were referred to mediation and they settled all the disputes arising out of the marriage by executing a memorandum of settlement. The couple, inter alia, agreed that custody of the children would be with the respondent; that the appellant would pay a compensation of Rs.10,00,000/-to the respondent; that all the pending cases would be withdrawn and that they would file a joint petition under Section 10A of the Divorc

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