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2012 Supreme(Online)(KER) 11367

HIGH COURT OF KERALA
K.T.SANKARAN, M.L.JOSEPH FRANCIS, JJ
THANKAMMA WO THOMAS AGED 55 YEARS – Appellant
Versus
JISMY @ ALIYAMMA – Respondent


JUDGMENT

K.T.Sankaran, J.

Mat. Appeal No.767 of 2011 arises out of O.P.No.209 of 2009 on the file of the Family Court, Thodupuzha. The said Original Petition was filed by Jismy @ Aliyamma, wife of Titto, for return of gold ornaments. The Family Court allowed O.P.No.209 of 2009. Titto and his mother, who are the respondents in O.P.No.209 of 2009, have filed Mat. Appeal No.767 of 2011 challenging the judgment and decree of the Family Court.

2. Jismy @ Aliyamma filed O.P.(Div.) No.208 of 2009 on the file of the Family Court, Thodupuzha against Titto for divorce. The Family Court dismissed that Original Petition. Jismy @ Aliyamma filed Mat. Appeal No.808 of 2011 challenging the judgment and decree of the Family Court.

3. The parties were referred for mediation. They settled the disputes before the Mediation Centre and a mediation agreement was executed. The terms of the mediation agreement are the following:

“The marriage between the 1st petitioner and the 2nd petitioner was solemnized on 14.01.2006 at Good Shepherd Church, Thellakam according to misunderstandings between the petitioner, the 1st petitioner filed O.P.No.208/2009 before the Family Court, Thodupuzha for Divorce against the 2nd

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