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2025 Supreme(Online)(Ker) 56039

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
LINSE JOSEPH – Appellant
Versus
DEEPA JOY JOSEPH – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.LUKE J CHIRAYIL, SRI.M.G.SREEJITH
For the Respondents: SRI.NANDAGOPAL S.KURUP, SHRI.ABHIRAM T.K.

Table of Content
1. challenging maintenance enforcement (Para 1 , 2)
2. arguments on settlement enforceability and visitation (Para 3)
3. court's dismissal of the petition (Para 4)

ORDER

Annexure A18 order issuing distress warrant for recovery of maintenance arrears is under challenge in this revision petition.

2. The petitioner is the husband of the respondent No.1 and father of the respondent No.2. There were four cases pending between the petitioner and the respondents before the Family Court, Kottayam at Ettumanoor, including M.C.No.193/2016 filed under Section 125 of Cr.P.C. All the cases were referred for mediation to the District Mediation Centre, Kottayam, where the matter has been settled and Annexure A2 memorandum of agreement was entered into. All the cases were disposed of in terms of the settlement. As per Annexure A2 memorandum of agreement, the petitioner agreed to pay maintenance at the rate of ₹5,000/- per month to the respondent No.2. Since the petitioner failed to comply the said direction, the respondents filed execution petition as CMP No.113/2020 claiming a total maintenance due of ₹75,000/- with effect from 1.8.2019 to 1.11.2020. The Family Court issued Annexure

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