The prayer in the above R.P(F.C) is as follows:

“set aside the order dated 29.05.2018 passed in MC

No.108/2016 on the file of Family Court, Palakkad and dismiss

the said petition, with cost to the rev. petitioner.”

2.

Heard Sri.K.Sajan Vargheese, learned counsel appearing for the

petitioner (husband) and Sri.Saijo Hassan, learned counsel appearing for

the respondents (wife and child).

3.

On the request of both sides, this Court had referred the parties

to settle the disputes through mediation process conducted by the

Mediation Centre attached to this Court. It is now submitted by both sides

that the mediator has made a comprehensive mediation process not only

the matter in this R.P(F.C), which arises out of maintenance claim, but also

in respect of other litigative proceedings pending between the process.

Now the Mediation Centre attached to this Court has filed their report

dated 04.04.2019 stating that the mediation process is successful and the

mediation agreement dated 04.04.2019 signed by the parties and the

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respective advocates are also be made available for the perusal of this

Court. The said mediation agreement dated 04.04.2019 entered into by the

parties through the Mediation Centre attached to this Court reads as

follows:

“The Revision petitioner and the 1^st respondent are husband and wife

married under Muslim law. Both the parties decided to settle their entire

dispute under the following terms;

1.

It is admitted by the 1^st respondent that she had received and

amount of Rs.8,50,000/- (Rupees Eight lakhs fifty thousand only)

against full and final settlement of the entire claims including

return of gold ornaments and maintenance to her and to her son.

She also admitted that out of the said amount she will make fixed

deposit of Rs.3,00,000/- in the name of her son for meeting his

future expenses. It is also made clear that the interest will be

received by the 1^st respondent for the welfare of the 2^nd respondent

2.

Both the parties decided to withdraw the attachment proceedings

in I.A.No.1523/2016 in O.P.No.661/2016 on the file of Family

Court, Palakkad and the 1^st respondent agreed to do the necessary

proceedings to lift the said attachment.

3.

The 1^st respondent agreed that she had received the entire movables

back from the Revision petitioners house.

4.

Both the parties agreed to execute divorce under the Munslim law.

Accordingly the Revision petitioner had made two Thalaq today at

Mediation centre, High court, Ernakulam in front of two witnesses

named 1.Mohammed Shafeek, S/o.Jailabdeen and 2.F.Shaik

Naizar, S/o.Shaik Farreed. Moreover the Revision petitioner

agreed to execute the 3^rd Talaq within one month from the copy of

the judgment received and inform the respondents Masjid in

accordance with Muslim law.

5.

The 1^st respondent agreed to withdraw the case of 498A filed by her

before the Judicial First Class Magistrate Court, Chittoor as per

Case No.CC No.923/2016 within one month from the copy of the

judgment received.

6.

Based on the above mentioned terms and conditions both the

parties decided to settle the entire disputes between them.”

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4.

Now it is submitted by Sri.Saijo Hassan, learned counsel

appearing for the respondents (wife and child) that the respondents have

already received an amount of Rs.8,50,000/- (Rupees Eight lakhs fifty

thousand only) against full and final settlement of the entire claims

including return of gold ornaments and maintenance to her and to her son

and that she has also agreed to put a fixed deposit to utilize the amount of

Rs.3 lakhs out of the abovesaid amount of Rs.8.5 lakhs and to put the same

as a fixed deposit in the name of the 2^nd respondent minor son for meeting

his future expenses and that the interest thereon will be received by the

1^st respondent, for the welfare of the 2^nd respondent. It is further pointed

out by the learned counsel for the respondents that in view of the abovesaid

settlement reached by the parties, the respondents are not