Back
2025 Supreme(Online)(Ker) 56797
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
DOMINIC M.O – Appellant
Versus
THE MAINTENANCE TRIBUNAL & SUB COLLECTOR, KOTTAYAM – Respondent
WP(C) NO. 34068 OF 2025
For the Appellants/Petitioners: SHRI.SHIBU JOSEPH, SHRI.SARATH VISWANATHAN, SHRI.P.T.GIRIJAN, SMT.VRINDA BABU, SHRI.SAYED MANSOOR BAFAKHY THANGAL, SHRI.KEVIN JOSE SHIBU, SHRI.AMAN MANZOOR
For the Respondents: SMT.ELIZEBATH GEORGE, SRI.SAJU.S.POONTHODATH, SRI.CYRIAC KURIAN, SHRI.EMMANUEL CYRIAC
Court affirms mutual settlement agreement reached during mediation, establishing maintenance obligations between family parties.
Headnote:This case evaluates a writ petition concerning a maintenance agreement between parents and their children under applicable laws. The petitioners sought direction to the Tribunal regarding a prior petition. The Court noted that all parties reached a settlement through mediation, with specified arrangements for construction, maintenance, and financial support. The main issues included confirmation of the settlement terms, which indicated mutual obligations and cessation of further claims. The Court ultimately disposed of the petition as settled, affirming the agreement's integration into the judgment.
| Table of Content |
|---|
| 1. writ petition filed by petitioners seeking direction (Para 1) |
| 2. reference to mediation prior to final hearing (Para 2) |
| 3. settlement terms and agreements reached (Para 3 , 4) |
| 4. final ruling on the settlement agreement (Para 5) |
JUDGMENT
(Dated this the 10th day of November, 2025)
This writ petition has been filed by the petitioners, who are the parents of respondents 2 and 4 to 6, seeking a direction to the 1st respondent–Tribunal to accept the Ext.P6 petition filed by them.
2. When this matter came up on 24.10.2025, this Court had referred the matter for mediation before the Mediation Centre attached to this Court on 31.10.2025.
3. Today, when the matter came up for consideration, the learned counsel for the petitioners as well as the learned counsel for the respondents submitted that the matter has been settled between the parties on 31.10.2025 before the Mediator, Kerala High Court Mediation Centre.
4. The Mediator has submitted a Final Report along with settlement agreement before this Court, wherein it is stated as follows:-
“1. The respondents 2 and 3 agree to construct additional rooms adjoining the residential building bearing No.KMC/1/1389 situated in Ext.P1 property on or before 31.01.2026 at the expense of respondents 2 and 3. Thereafter respondents 2 and 3 shall move and reside in the newly constructed building with their child.
2. The respondents 4 to 6 agree to maintain and look after petitioners at their residence till
31.01.2026.
3. Respondents 2 and 3 agree to pay a sum of ₹10,000(Rupees Ten thousand only) towards maintenance of petitioners till 31.01.2026 to the Bank Account of 2nd petitioner.
4. The parties agree that the petitioners can reside in the above said house from 01.02.2026 during their entire life time. The respondents 2 and 3 agree to maintain the petitioners during their life time by providing all care and protection.
5. The respondents 4 to 6 and relatives are entitled to come and visit the petitioners during their life time in the said house.
6. In default of any of the above terms the petitioners will entitle to reside in the above house till their life time and also to receive a sum of ₹25,000(Rupees Twenty five thousand only) each per month towards their living expenses from the income derived from the rented building situated in Ext.P2 property owned by respondents 2 and 3.
7. the parties agree that they will not raise any further claims against each other in respect of the disputes in the above case.
8. The 1st respondent is not a necessary party in the settlement and hence not signed in this settlement agreement.”
In the light of the settlement agreement filed by the Mediator, this writ petition is disposed of as settled. The settlement agreement entered into between the parties shall form part of this judgment.
