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2025 Supreme(Online)(Ker) 38905

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Abhilash Chandran – Appellant
Versus
Anju V Nair – Respondent
O.P. (Crl.) No 672 of 2024



Advocates:
For the Appellants/Petitioners: Adv. Geethakumari P.S
For the Respondents: Adv. Gulf V. Nair

Mediation is essential in family disputes, and agreements reached in mediation are binding and should be upheld by the court.

Headnote:(A) Family Court Act, 1984 - Amendment of sections regarding mediation and settlement of disputes - The petition seeks to challenge an earlier order, but the parties reached a memorandum of agreement for amicable settlement of disputes prior to court's decision. (Paras 1-8)

(B) Mediation - Significance of mediation in family disputes is emphasized; the court recognizes and approves a settlement agreement signed by both parties which provides detailed terms regarding maintenance and child guardianship. (Paras 2-5)

Facts of the case:
The petitioner filed an original petition to set aside a Family Court order. Both parties mediated their disputes and agreed on terms of settlement regarding maintenance and child custody.

Findings of Court:
The petition is disposed of in light of the mutually agreed memorandum that formed part of the judgment.

Issues: Whether the initial petition should be set aside given the settlement reached.

Ratio Decidendi: The court upheld the mediation process and confirmed that the terms of the settlement adequately addressed all disputes between the parties.

Result: The original petition is disposed of.

Table of Content
1. parties reached a memorandum of agreement for settlement. (Para 2)
2. court disposed the petition based on settlement terms. (Para 4)

P.V.KUNHIKRISHNAN, I -I-,1I1,,11,IIIII,II111IIII-11I1I-,llI O.P. (Crl.) No 672 of 2024 IIIII,II,Ill,1111I1,III-II,,IIII,,IIII Dated this the 30th day of June-, 2025 JUDGMENT The above original petition is filed with following Prayers :

`` .... to set aside order dated 16. 08. 2024 in Crl.M.P.No.92/2021 on the file of Family Court, Pathanaimthitta. " [sic]

2. When this original petition came up for consideration, the matter was referred for mediation. The memorandum of agreement signed by both sides is produced, in which it is state that the mater is settled. If that is the case, no further order is necessary.

Therefore, this original petition is disposed of, recording the memorandum of aLgreement executed between the parties on 03.06.2025. The memorandum of agreement will form part of the judgment.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS AppENDrs oF op(CEL. ) 672/2o24 PETITIONER EXHIBITS Exhibit -P1 A TRun coy OF THE a I)AIRy pROcREDINGs IN CRI.. M.P.NO.92/20210N THE Flu= OF FAMII.Y cOuRT , pATHANaMTHITTA BEFORE THE HON'RE HIGH COURT OF KEFLALA AT ERl\lAKULAM Op rcRli} Ilo. 6J72 Of 2o24 Abilasn cfiandran : PetitioiieF v/s.

Anju v Nair : Respondent IAL=rERNA:TI\/E DispuTE REsoLLiTioN). RULEs. 2ooB:

Both parties agree to settle their case amicably in the following terms and conditions :

1. The petitioner Abhilash Chandran already paid Rs.1,50,OOO/-

(Rupees One lakh fifty thousand only) to the respondent Anju V Nair ttowards the maintenance amears and the remaining amount of Rs.5,00,000/-(Rupees Five lakhs only) will be paid as monthly installments for Rs.10,000/- (Rupees ten thousand only) and balance amount will be paid on or before 07/04/2026. /

2, The respondent will pay Rs.5,000/- (Rupees Five thousand only) to the daughter, Sree Bala every month till lier marriage or she get a job. The petitioner agrees to return 30 sovereigns Of gold ornaments to the respondent on or before 07/04/2028.

3,. The petitioner ano respondent ,m±±tually agrees to bear the expen§e5 Of higt`er education and marriage expenses Of their daugher, Sree Bala equally.

Lett£Cchz- kespegiv Abilash Chandran Anju V Nair

4. The Respondent mother will be the legal guardian of the child named Sree Bala and the petitioner father will liave vlsltorlal rights particularly twice in month, and father/petitioner, contact the child over phone whenever he wishes.

5j The Respondent agrees t® withdraw MC N®!244/2017, pending before ±be .Hgn'ble Fa.mily C©ur!-, ,Patha.rlamttlitta and all 9thgr cases-pengjng and decreed if any, 6. The respondent agrees with the Judgment in OP (HMA) No,1335/2021 dated 31/07/2024 before the Family Court, Pathanamthitta is final.

7, This settlement is full and final. Settlement of all the matrimonial disputes between the paities and no further Civil or Criminal claims shall be raised by both the parties against each other or their family members.

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