IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, M.B. SNEHALATHA, JJ
DR. SHYLA – Appellant
Versus
DR. JALEEL – Respondent
MAT.APPEAL NO. 790 OF 2024 | MAT.APPPEAL NO. 844 OF 2024 | MAT.APPEAL NO. 845 OF 2024
| Table of Content |
|---|
| 1. parties reached a settlement through mediation. (Para 1 , 2) |
| 2. court accepted the terms of the settlement. (Para 3 , 4) |
JUDGMENT
M.B.Snehalatha, J When these appeals came up for hearing today, the learned counsel appearing for both sides submitted that the disputes between the parties have been settled in the mediation held under the aegis of Mediation Centre, Ernakulam and a memorandum of agreement has been filed before this Court.
2. We have examined the memorandum of agreement and we notice that it has been signed by the parties and subscribed by their counsel. The terms of the agreement are lawful and therefore the settlement arrived at by the parties is accepted.
3. In view of the settlement arrived at between the parties, Mat.Appeal No.844/2024 is dismissed as withdrawn and Mat.A Nos.790/2024 and 845/2024 are disposed of in terms of the settlement arrived at by the parties.
4. The memorandum of agreement entered into between the parties do form part of this judgment.
The parties are directed to act implicitly in terms of the memorandum of agreement .
Sd/-
DEVAN RAMACHANDRAN, JUDGE Sd/-
M.B.SNEHALATHA, JUDGE Mms BREORE TRE HottouRABLE mGH OormT OF EmALA AT ENARTRA fu. sbfro Appeflant V8, Dr. Jaleel Respondents UHDER sEonoH 89 OF rm CODE OF clVIL pROcEDURE READ wlTH Rul;rs 24 & 25 oF THE crvlL pRocBDURE (ALTENATlvE DISPUTE RESOLtJTION) RULES, 2008 ®
The Honble High Court referred the parties for mediation. Upon mediation, the First Party (Appellant) and the Second Party ("rst Respondent) have reached an alnicable settlement and resolved to bring a complete and final termination to all claims and disputes between them in the above litigation§ etc. The partie§ hereby enter into this Settlement Agreement on the following terms and conditions:
1. The First Ptrty admits that the 71lal!zg dated 25/03/2014 prunounced by the Second Party is valid and agrees to withdraw MAT Appeal No. 844/2024 (arising from O.P. No. 162/2016 of the Family Court, Mavelikkara). The First Party unequivocally declares that she does not require and shall not cldrm any amount towards Mctca, maintenance, or compensation under the Muslin ihfomen {Protection of Ffigivts on Di:vorce) Act, 1986, or under any other law including the DV Act and BNSS. She further undertakes that no present or future monetary clain of any nature shall be raised against the Second Party arising out of the marital relationship. This forms an essential term of this Agreement.
Mat.Appeal Nos. 790 of 2024, 844 of 2024 & 845 of 2024.
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Appellant Responde Dr.skylepr Dr.Jaleel (2)
2. The Second Party agrees to execute a deed of Mi4bart2th (mutual divorce) at the instance of the First Party after the execution of this Agreement.
3. As fuji a]rd final scttiement Of a:H ctains, the Second farty agr€es to transfer all his rights, title, and ownership in the Kothaparambu Property, situated within the jurisdiction of Mathilakam SRO, in Survey No. 69/9 of Sreenarayanapuram Village, Thrissur mstrict, to the First Party by executing a deed of conveyance (gift/settlement) within one months from the date of executfon of this Agnement.
4. The Second Party further agrees to transfer the entire share of the NHAI land acquisition compensation exceeding Rs. 82,00,000/-, along with accrued interest, relating to 10.12 Ares in Survey No. 69/9 of Sreenarayanapururn Village, to the First Party within one months from the date of execution of this Agreenent. The amount pre§entfy deposited in the Trcasury Bank shall be transferred to the First Party's account at Federal Bank, PalHpad Branch, Haripad (A/c No. 22280200000497, IFSC: FDRL0002228).
5. Upon execution of the conveyance deed and handing over of the orianal title deed, the First Party agrees that she shall not claim any further amount from the Second Ea]fty towards maintemrice or any other financial ctajm. AIl financial arrangements between the parties and other respondents stand fully and fmally settled.
6. The Second Party and the remaini
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