Sasikala vs Anil Kumar Pillai and Saraswathiamma, Age 65 Years

K.T.Sankaran, J.—The appeal arises out of O.P.No.346 of 2008 on the file of the Family Court, Thiruvalla. The Family Court dismissed the Original Petition filed by the appellant for return of gold ornaments and cash. The parties were referred to the Mediation Centre and the disputes between them were settled. A memorandum of agreement dated 5th August, 2010 was signed by the parties. The terms of the agreement are the following:

The appellant is the wife of the first respondent herein. The second respondent is the mother of the first respondent herein and this compromise is entered into on her behalf as well.

For the settlement of the entire dispute between the appellant and the respondents, the first respondent agrees and undertakes to make a payment of Rs. 2,25,000/- (Rupees Two Lakhs Twenty Five Thousand only) to the appellant as full and final settlement of all claims of the appellant.

The appellant undertakes that on the payment of the above said amount, the appellant will not make any further claims, including claims for maintenance etc. in future.

The schedule of payment to be made by the first respondent to the appellant will be as follows:

A. The first respondent has today paid by way of cash of Rs. 75,000/- (Rupees Seventy Five Thousand Only) to the appellant and the appellant hereby acknowledges receipt of the same.

B. The first respondent shall make payment of the second instalment amount of Rs. 1,00,000/- (Rupees One Lakh only) on or before 05.11.2010 to the appellant and the appellant will acknowledge the same on issuing due receipt for the same.

C. The first respondent shall make payment of the third installment amounting to Rs. 50,000/- (Rupees Fifty Thousand only) on or before 07.02.2011 to the appellant and the appellant will acknowledge the same on issuing due receipt for the same.

The respective payments as stipulated above shall be made in the presence of the mediator at the Mediation Centre, High Court of Kerala.

The appellant and first respondent have today signed a petition u/s 13B of the Hindu Marriage Act to be filed before the Family Court, Thiruvalla for a decree for mutual divorce. A true copy of the joint petition dated 05.08.2010 to be filed u/s 13B of the Hindu Marriage Act which is appended herewith and marked as Annexure 1. Both the parties will be present before the Family Court, Thiruvalla on 10.08.2010 at 11.00 A.M. and shall jointly file the petition. If 10.08.2010 happens to be a holiday, the parties shall be present before the court and present the petition on the next working day.

On the first respondent tendering the final payment on or before 07.02.2011, both the parties will be present before the Hon''ble Family Court, Thiruvalla on such date as fixed by the Family Court to enable the Family Court to take evidence and pass a decree for mutual divorce after the expiry of the statutory period of six months as envisaged under the Act.

The parties herein have also agreed that the terms in the agreement herein will come into force from the date of this agreement.

Till the making of the final payment as on 07.02.2011, all pending cases namely C.C.168 of 2009 before Hon''ble Judicial Magistrate of First Class-I, Pathanamthitta against the respondents and three others and C.M.P.3617 of 2010 before Hon''ble Judicial Magistrate of First Class - I, Pathanamthitta between the spouses in connection with their marriage shall be kept in abeyance. All attachments made in the above cases in Block No.2 of Resurvey 421/15, 421/12 of Kidayannur Village also shall be withdrawn immediately after the receipt of the last payment.

On the failure of the first respondent to pay the installments as stipulated above, the appellant will have the liberty to move the execution court to realize the amount due and the amount due as per this compromise will be charge over the property referred above. Further if the appellant, on receipt of any of the installments mentioned above, withdraws her consent for mutual divorce she shall return the amount received by her from the first respondent with interest at the rate of 18% p.a.. If the amount is not returned, the same shall be a charge on the assets of the appellant and shall be realized from the appellant by the execution of the decree passed on the basis of the compromise.

On receipt of the amount as stipulated above, the appellant will have no objection in quashing the cases pending against the respondents and others namely C.C.168 of 2009 before Hon''ble Judicial Magistrate of First Class-I, Pathanamthitta and C.M.P.No.3617 of 2010 before Hon''ble Judicial Magistrate of First Class-I, Pathanamthitta. have no objection in disposing the above case, as per the terms contained in this settlement of agreement.

It is submitted by the learned counsel appearing for the parties that all the terms in the agreement except those in paragraph 11 of the memorandum of agreement have been complied with. It is agreed by the parties that the proceedings in C.C.No.168 of 2009 and C.M.P.No.3617 of 2010 on the file of the Court of the Judicial Magistrate of the First Class I, Pathanamthitta, may be quashed.

Accordingly, the Matrimonial Appeal is disposed of in terms of the settlement arrived at between the parties. The proceedings in C.C.No.168 of 2009 and C.M.P.No.3617 of 2010 on the file of the Court of the Judicial Magistrate of the First Class I, Pathanamthitta are quashed.