Settlement terms in mutual divorce must be lawful and accepted by both parties to dissolve marriage effectively.

JUDGMENT

M.B.Snehalatha, J When these appeals came up for hearing today, the learned counsel appearing for both sides submitted that all the disputes between the parties have been settled in the mediation held under the aegis of Ernakulam Mediation Centre and a memorandum of settlement has been filed before this Court.

2. We have examined the memorandum of settlement, and we notice that it has been signed by the parties and subscribed by their counsel. The terms of the settlement are lawful and therefore, the settlement arrived at by the parties is accepted.

3. In view of the settlement arrived at by the parties, the Mat.Appeal.Nos.119/2025 and 120/2025 are disposed of as follows.

i) The impugned judgment and decree of Family Court Thiruvalla in OP.Nos.362/2021 and 405/2021 stand set aside. The parties shall file a joint petition seeking divorce by mutual consent under Section 10 A of Indian Divorce Act on or before 15.06.2025 as Mat.Appeal.Nos.119 & 120 of 2025

2025:KER:39348 agreed to in clause (2) of the memorandum of agreement ii) The appellant shall pay an amount of Rs.32,85,000/- to the respondent herein in full and final settlement of all her claims towards compensation and the amount gifted at the time of marriage and she has no further claim towards past, present and future maintenance. The said amount shall be given on the date of taking final deposition in mutual Divorce OP, as agreed to in clause (3) of the memorandum of agreement.

iii) The appellant shall pay an amount of Rs.35,000/- towards the value of fridge gifted at the time of marriage as agreed to in clause (3) of the memorandum of agreement.

iv) The appellant shall hand over the Fixed Deposit Receipt of Rs.5,00,000/- which is deposited by the respondent's father in the name of respondent at Union Bank (old Corporation Bank) on the date of giving final deposition in mutual Divorce OP, as agreed to in clause (4) of the memorandum of agreement.

v) It is recorded that the parties herein have checked and confirmed the gold ornaments of the respondent herein kept in the joint locker at South Indian Bank, Thiruvalla Branch on 14.05.2025, the details of which are given in the terms of settlement filed before Mat.Appeal.Nos.119 & 120 of 2025

2025:KER:39348 this Court and respondent is entitled to take all the gold ornaments kept in the said locker and appellant further agrees to relinquish his rights over the locker enabling the respondent to use it and the money deposited for locker can be withdrawn by the respondent as agreed to in clause (6) of the memorandum of agreement.

vi) The appellant shall return one gold bangle of 11.6 gms weight which is given to his mother at the time of marriage by respondent and it shall be returned on the date of giving final deposition in mutual petition for divorce as agreed to in clause (7) of the memorandum of agreement.

The parties are directed to act implicitly in terms of the memorandum of agreement, which do form part of the judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE Sd/-

M.B.SNEHALATHA JUDGE Mms BEFOF`E THE HONOUF`ABLE HIGH COURT OF KERALA AT ERNAKULAM Dr.A6win Mathew Appellant Dr.Teenu Mary John Respondent FLEPORT Sl HE MEDIATOR ADV.K.M.MUHAMMED YUSUFF Mediated, matter is settled.

Terms and conditions are attached herewith.

Dated thEs the 24th day of May, 2025.

Adv. K.M,ndhammed Yusuff Mediator Ernakulam Mediation Centre BEFORE THE HONOURABLE HIGH COURT OF I(ERALA AT ERNAKULAM Dr.Aswin Mathew Appellant Dr.Teenu Mary John Respondent MEMORANDUM OF AGREEMENT UNDER SECTION 89 0F THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 a 25 0F THE CIVIL PROCEDURE {AL:TERNATIVE DISPuTE RESOLUTION),F`uLES, 2008:

The Appellant and respondent are legally wedded couple, whose marriage was solemnised as per Christian religious rites and customs on

12/05#019 at St.George Orthodox Church, Paliakkara, Thiruvalla.

Whereas relationship of the parties hereto had got strained and living separately since 01/01/2021 and Whereas the parties deserve to est