JUDGMENT

Dated this the 26th day of March 2021 A.Muhamed Mustaque, J.

This Mat. Appeal arises from the dismissal of a divorce petition filed by the appellant under Section 10(1)(X) of the Divorce Act, 1869. Pending appeal, the parties were referred for mediation. In the mediation, the parties settled all their disputes and agreed for a divorce by mutual consent. The report of the mediator along with the settlement arrived at between the parties are on board. The parties also filed a joint petition for divorce on mutual consent.

2. We interacted with the parties through videoconferencing. The respective counsel identified the parties. They affirm the stand for the separation of marriage by mutual consent.

3. The parties are living separately for a long period. The appellant filed the divorce petition in the year 2015.

Taking note of the above aspect, we waive the cooling off period. In the light of the mutual consent, we dissolve the marriage between the appellant and the respondent solemnized on 12.9.2004 by a decree of divorce. The mediation settlement agreement will form part of the judgment. The parties shall follow the settlement agreement in regard to the other terms in the agreement entered into between them. The Mat.Appeal is disposed of accordingly.

We direct the Registry to mask the name of the parties when uploading the judgment in the CIS/Online. All pending interlocutory applications, if any, are closed.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

DR. KAUSER EDAPPAGATH JUDGE

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XXX : Appellant/Petitioner XXX : Respondent/Respondent MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 AND 25 OF THE KERALA CIVIL PROCEDURE (MEDIATION) RULES, 2008.

Both the parties hereby agree to settle the disputes between them on the following terms:

1. Both the appellant XXX and respondent XXX agreed to live as divorced wife and divorced husband and has agreed to file Petition for mutual divorce under Section 10A of the Divorce Act, 1869 before the Honourable High Court of Kerala.

2. The appellant XXX agreed to withdraw (1) M.C.54/2019 of Family Court, Muvattupuzha and (2) OP 414/2019 of Family Court, Muvattupuzha filed against the respondent XXX and his relatives immediately after the decree of divorce.

3. The appellant XXX has agreed to permit the respondent XXX to interact with their daughter XXX on 1st and 3rd Saturdays of every month at Muvattupuzha between 2 PM to

5 PM.

4. The appellant XXX has agreed to withdraw all cases mentioned in paragraph (2) above, immediately after the decree of divorce.

5. The respondent XXX has agreed to pay an amount of Rs.10,000/- per month on or before 10th day of every English calendar month in the account of his daughter XXX until she earns herself.

6. The respondent further XXX agreed that he shall pay an amount of Rs.5,00,000/- (Rupees five lakhs only) towards marriage expenses of his daughter XXX at the time of her marriage.

7. Both parties agreed that all the disputes and differences of matrimonial and connected issues hereby fully and finally settled between the parties.

8. On fulfillment of the above terms and conditions, the parties shall have no further claims or complaints against each other and their relatives arising out of the marital relationship.

In view of the aforesaid terms and conditions of this agreement, both the parties agreed to pay that the Honourable High Court of Kerala to dispose of the above case.

Dated this the 17th day of March, 2021.