K.V. Danny vs Sibi Joseph @ Celina Sibi

K.T. Sankaran, J.

The Original Petition (Family Court) is filed by the husband of the respondent for the following reliefs :

(i) To direct the Family Court, Ernakulam to hear Exhibit.P1 petition before taking Exhibit.P2 to P5 petitions for evidence.

(ii) To stay the trial of Exhibit P2 to P5 petitions pending before the Family Court, Ernakulam till consideration of Exhibit.P1 petition.

(iii) To stay the operation of Exhibit.P8 order pending disposal of Exhibit.P1 petition.

And

(iv) To pass such other orders or reliefs as this Hon''ble Court deems fit in the interest of justice.

Hereafter, the parties are referred to as ''the husband'' and ''the wife''.

O.P.No.1018 of 2010 (Ext.P1) before the Family Court, Ernakulam was filed by the husband against the wife for restitution of conjugal rights. The wife filed O.P.No.62 of 2009 (Ext.P2) before the Family Court, Ernakulam for a decree of divorce. The wife also filed O.P.No.247 of 2009 (Ext.P3) to appoint her as the guardian of the person and property of the minor son Sebastian San. The wife also filed O.P.No.704 of 2009(Ext.P4) against the husband and his parents to recover Rs.10.30 lakhs together with interest. The wife filed M.C.No.286 of 2010 (Ext.P5) before the Family Court, Ernakulam against the husband claiming maintenance. An order dated 11.4.2012 was passed by the Family Court in M.C.No.286/10 (Ext.P8), granting interim maintenance to the wife and child. When the Original Petition came up for hearing, the parties were referred to mediation. They arrived at a memorandum of agreement dated 13.7.2012 before the Mediation Centre. The terms of the agreement are the following :

The above original petition was filed by the petitioner seeking a direction to the hon''ble Family Court, Ernakulam to hear O.P.1018/2010, a petition for restitution of conjugal rights, filed by the petitioner, before taking up O.P.62/2009, O.P.247/2009, O.P.704/2009 and M.C.286/2010, original petitions for divorce, return of gold and money, declaration of custody of minor and for maintenance filed by the respondent.

The above referred cases are now being compromised between the petitioner and the respondent with the following conditions :-

A) That the petitioner will pay a total sum of Rs.5/- lakhs (Rupees five lakhs) only, to the respondent in two equal instalments of Rs.2.5/- lakhs each by way of fixed deposit receipts in the State Bank of India, High Court Branch, Ernakulam taken in the name of the respondent on 14.8.2012 and 14.9.2012 and the same shall be deposited before the Kerala State Legal Services Authority and will be released to the respondent after complying with the conditions herein contained. The said amount along with the interest accrued on it will be released to the respondent on the date of the decree of divorce between the parties in the joint application under Sec. 10A of the Divorce Act, to be filed or in the event the petitioner herein fails to depose in terms of the mutual divorce petition. In the event on the failure on the part of the respondent to depose in terms of the mutual divorce petition, the aforesaid fixed deposit shall not be released to the respondent.

B. That the petitioner hereby agrees to withdraw O.P.1018/2010, filed by him before the hon''ble Family Court, Ernakulam. The respondent hereby agrees to withdraw O.P.62/2009, O.P.247/2009, O.P.704/2009 and M.C.286/2010, filed by her before the hon''ble Family Court, Ernakulam. The petitioner herein agrees that the permanent custody of the minor child shall be with the respondent herein but with visitorial rights of the petitioner herein on the 2nd Saturday from 10.00 a.m. to 1.00 p.m. at the St.Sebastian''s Church, Kottuvally, N.Parur, during the months of January, April, July and October, each year. The petitioner herein shall inform the respondent herein by registered letter, one week prior to intention of such visits.

C) That the parties hereby agree that both parties will not have any future claims on each other apart from what are agreed upon herein. That the petitioner and the respondent hereby sign a joint petition for divorce by mutual consent under Sec. 10A of the Divorce Act and a copy of the same is produced herewith and marked as Annexure A1. The said joint petition shall be filed before the hon''ble Family Court on 16.7.2012.

We record the memorandum of agreement signed by the parties and dispose of the Original Petition accordingly.