Divorce granted by High Court based on parties' mediated settlement agreement under Section 89 CPC.

This appeal is filed by the husband challenging the judgment dated 16/12/2019 passed by the Family Court, Ottapalam, in O.P. No.36/2018, in a petition for divorce filed by him under Section 13(1)(ia) of the Hindu Marriage Act. The respondent herein is his wife.

2. The marriage between the parties was solemnised on 13/06/2012 in accordance with the Hindu rites and ceremonies.

Two children were born out of this wedlock.

3. Earlier on 20/08/2025, both parties appeared before this Court, and this Court directed them for mediation on the same day itself.

4. On 06/04/2026, when this matter was taken up for hearing, the learned counsel for the appellants as well as the respondents submitted that the parties had reached at consensus and settled their disputes as per the Memorandum of Settlement Agreement dated 16/09/2025 executed by them and countersigned by their respective counsel before the Ernakulam Mediation Centre, High Court of Kerala. We, therefore, adjourned the matter to today for the report of the Mediator.

5. The Memorandum of Settlement is placed before this Court along with the report of the Mediator. We have perused the Memorandum of Settlement Agreement and have found the same to be in accordance with law. The parties are to abide by the Memorandum of Settlement Agreement.

6. In view of the settlement arrived at by the parties and recording the Memorandum of Settlement Agreement, we are inclined to grant divorce to the parties. The marriage solemnised on 13/06/2012 will stand dissolved. This appeal is disposed of. The Memorandum of Settlement Agreement dated 16/09/2025 shall form part of this judgment. No order as to costs.