Anoop K.J v Aishwarya Anoop

I. IN TEE HIGH CotJRT OF ICERALA AT ERNAKULAM ## PRESENT THE HONOuRABLE in. -usTlcE RAJA vl-AyARAGHAVAN v & THE HONouRABLE rm. JuSTlcE p.M.MANo. TUESDAY, THE 26TH DAY OF MARCH 2024 / 6TH CHAITHRA, 1946 0P (FC) NO. 462 0F 2023 I.A. NO.1499/2020 IN OP(G & W) NO.697 0F 2020 0F FAMILY COURT , ERNAKULAM ## PETITIONER: ENOOP . K . J AGED 44 YEARS S/O. RATE JANARDHANAN, KALLUVEIIIL HOUSE, S-15, SANTINAGAR cOLONy, NEAR KINARSTOp, THEKKt7mAGAM, TRIPUNITHURA P.O. , EENAKUIIAI, RERA14A, PIN - 682301 BY ADVS. REREENA . J . JOSEPH K . BABY NANDINI . K . ## RESPONDENT : AISHWARYA ANOOP AGED 41 YEARS W/O ANOOP RESIDING AT 4A, STAR PARADISE, CHERUPARAICATH Roan, KADAVENTHARA KocHI, KERALA, plN -682o2o BY ADVS. K.N.RAJENI(K/001295/1999) MUHAMinD HARls K.K. (K/561/2021) ## SMT. ANILA PETER THIS 0P (FAMILY COURT) HAVING COME UP FOR ADMISSION 0N 26.03.2024, THE COURT 0N THE SAME DAY DELIVERED THE FOLLOWING: 0.P.(F.C.) .No.462 of 2023 ## JUDGMENT ## Raja Viiavaraahavan, J. This Original Petition is filed challenging the order dated 19.07.2023 passed by the Family Court, Ernakulam in I.A. No. 1499/2020 in O.P. (G & W) No. 697/2020 on the files of the said Court. 2. When the matter came up for consideration before this court on 19.09.2023, the parties agreed to undergo mediation with a view to resolve their differences. Accordingly, this Court directed the parties to the Kerala High Court Mediation Centre to make an attempt to settle the disputes by recourse to mediation. 3. When the matter was taken up today, the counsel appearing for both sides submitted that the parties have been able to arrive at a consensus and they have resolved all their disputes once and for all. It is pointed out that a memorandum of agreement detailing the understanding arrived at between the parties has been executed and the same has been signed by both sides and their counsel. A copy of the agreement has also 0.P.(F.C.) .No.462 of 2023 been produced before this Court. Both sides submitted that the Original Petition can be disposed of in terms of the memorandum of agreement entered into between the parties. In that view of the matter, this Original Petition is disposed of in terms of the memorandum of agreement dated 14.3.2024. The agreement shall form part of this judgment. SD/- RAJA VIJAYARAGHAVAN V, JUDGE SD/P-M. MANOJ. JUDGE DCS ## 0.P.(F.C.) .No.462 of 2023 ## APPENDIX OF OP (FC) 462/2023 |PETITIONER EXHIBITS|| |---|---| |Exhibit-P1|TRUE COPY OF THE RECEIPT ISSUEI) FROM SHO, HILL| ||PALACE POLICE STATION DATED 4.10.2019| |Exhibit-P2|TRUE COPY 0F O.P.NO.697/2020 BEFORE THE FAMIIiY| ||OURT EENjuruLAM DATED L2/3/2o2o| |Exhibit-P3|TRUE COPY 0F THE I.A.NO.1499/2020 BEFORE THE| ||FAMILY COURT EENAKULAM DATED 12.03.2020| |Exhibit-P4|THE TRUE COPY 0F THE CotJNTER AFFIDAVIT TO| ||I. A. NO.14 99/2020 BEFORE THE FAMII-Y COURT| ||EENAKULAM DATED 21/06/2023| |Exhibit-P5|A TRUE COPY OF THE PROCEEDINGS IN THE A DIARY| ||IN RESPECT 0F THE ORDER IN LA..NO.1499 0F 2020| ||IN O.P.(G&W).697/2020 DATEI) 19/07/2023 0F THE| ||FAMILY COURT ERNAKULAM| |Exhibit-P6|A TRUE COPY 0F THE PROCEEDINGS IN THE A DIARY| ||IN RESPECT OF THE ORE)ER IN LA..NO.1499 0F 2020| ||IN 0.P.(G&W).697/2020 DATED 24/07/2023 0F TEE| ||FAMII-Y COURT EENAKULAM| |Exhibit P7|THE COPY 0F THE ORDER IN I.A.NO.1499/2020 IN| ||OP.NO. 697/2020| # BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM ## QE. (FC) No. 462 of 2_Q2± Petitioner Anoop K.j Vs Respondent Aishwarya Anoop :E±::a:::::a:±::::::::I::±:::±::::::a:=:=:I::±f:::#E PROCED DIS PUTE RESO LUTIO 2005. The petitioner and the respondent are husband and wife respectively. They belong to Hindu Religion. Their marriage was solemnized on 29.10.2006 at Guruvayur'Temple in accordance with Hindu rites, custom and ceremonies prevailing in their Community. Two children namely Arundhati (DOB21.12.2007) and Anand (DOB 04.01.2014) were born out of this wedlock. The parties have mutually agreed and decided to settle all their claims and disputes on the following terms and conditions: - The petitioner and the respondent agreed to dissolve their marriage, which was solemnized on 29.10.2006, on mutual consent under Section 138 of the Hindu Marriage Act, 1955. The joint divorce petition will be filed in the Hon'ble Family Court, Ernakulam on 20th March 2024. 2. The respondent is entitled for the gold ornaments owned by her which are in the SBI Ambalamedu Branch Bank Locker in the joint name of the petitioner, the respondent and the petitioner's mother. a) The petitioner, his mother, the respondent and their Legal counsels had visited the Bank for physical verification of the listed gold ornaments by the respondent on 29th November 2023. b) The petitioner agreed to pass on` the gold price for 5 (Five) SovereignsasPertheKeralaG£IqE\aMs:art#`,{eE,aat,€,,8Pd#:,h&tMa5Sfoedae4to the respondent. H,gh cout of Kera`.a The Kerala Gold Market price on llth MaREh.2-62a°3:r 1 Gram Gold was INR 5970/-. In this regard, the petitioner has agreed on deducting a sum of INR 2,38,800/- (Two Lakh Thirty-Eight Thousand Eight Hundred Rupees Only) from the LIC Policy Surrender Payback Amount of lNR 6,40,490/- Petitioner Anoop K.J ed Respondent Ngiv Aishwarya Anoop I/ - d) The respondent agreed to return back the wedding LockIThali in her possession currently to the petitioner during this gold ornament settlement time at the SBI Ambalamedu premises. - e) The respondent agreed to give all other gold ornaments available in this SBI Bank Locker back to the petitioner, apart from the respondent's own gold ornaments. - f) The petitioner agreed to j.ointly (the petitioner, his mother and the respondent) open the SBI Ambalamedu Bank Locker for the gold exchange mentioned above, within 5 working days from the receipt of LIC Policy Surrender Amount share to the petitioner's bank account. The handover of the gold ornaments belonging to the respondent that are available in the SBI Ambalamedu Bank Locker shall be in the presence of their respective Legal Counsels. - g) Afterthe mutual handoverofthe gold in the bank lockeratthe SBI Ambalamedu Branch, the locker numbers 3/47 and 6/84 jointly owned by the petitioner, his mother and the respondent shaH be deactivated & closed forever. The parties shall jointly complete the formalities envisaged in this regard. - The hand over of the respondent's gold ornaments and passing on the remaining gold ornaments to the petitioner shall happen before both the parties give evidence in the mutual divorce petition. 3. The petitioner and the respondent agreed to the following terms & conditions regarding the custody of the children: - a) lt is decided that the minor daughter Arundhati will be in the permanent custody of the respondent and the minor son Anand will be in the permanent custody of the petitioner. - b) The petitioner and the respondent hereby agree that they will not take the minor children out of India without, either the written consent of the other party or the permission of this Hon'ble Court. - c) From 9 A.M on every alternate 2nd Saturday to 4 P.M of ensuing Sunday, both children will be in the custody of the respondent and petitioner respectively. On every alternate 2nd Saturday, the respondent will pick up the minor son Anand in front of residence of the petitioner at Thripunithura and the petitioner will collect back the child from the parking area &f..5faeiapa.ngrpre`nt ,.qf+ t#€9;=]iSjS,nep|q¢ent at Kadavanthara, Kochi. ``` Highcourict!{crai3 ## Petitioner - Anoop K.J Aishwarya Anoop - d) During the summer vacation, the respondent and the petitioner are entitled to have the custody of both the children for half of the vacation period declared by the School, with a maximum time period of 15 days per custody transfer. - e) . The respondent is entitled to the custody of both children in the first half of Onam and Christmas School Vacations. For the rest of Onam and Christmas vacation both children will be in the custody of the ## Petitioner- - f) The dates of above-mentioned custody will be fixed on the consensus of both the petitioner and the respondent considering the academic classes of the Children. - g) The respondent is entitled to make whatsApp video call to herson Anand every day between 7.30 P.M to 8.15 P.M. - h) The petitioner's mother is entitled to make WhatsApp Video Call to her granddaughter Arundhati once in every week on a time convenient to both the parties. - i) The petitioner agreed to meet all expenses including educational expenses of the minor son Anand who shall be jn his permanent custody hereafter. - j) The petitioner agreed to pay Rs.5,000/-(Rupees Five Thousand only) per month towards the minor daughter Arundhati's expense for food, clothing, residence, school bus fees and medical attendance/treatment commencing from the month of her permanent custody with the respondent. Rs. 5000/- shall be transferred on loth day of every month only to the minor daughter's bank account to be opened by the respondent. This clause shall be effective from the month of permanent custody of Arundhati with the respondent. k) The petitioner agreed to pay only 50°/o of the minor daughter Arundhati.s Schooling Educational Fees till she completes her CBSE 12th Standard. The petitioner agreed to pay only 50°/o of the expense for the minor daughter 2 sets of Arundhati's School Uniform and prescribed School Books as per curriculum till she completes her CBSE 12th Standard, This clause shall be effective from April 2024. I) ::::::j',:c'o°JnF::e:S rt:o:::dh::::::::t:;r#i:&t@©;g::e=#ft#;o;£%;#`::WAer:u:n::n%;a:I:'i: completes her CBSE 12th Standard.' Petitioner ## Anoop K.I ## Aishwarya Anoop - in) Any expenditure for additional tuition classes and entrance coaching classes envisaged apart from the current school curriculum fees shall be borne by the respondent. The current entrance coaching (Ahaguru PCM Online Coaching Course for Two Years) fees shall be borne by the respondent herself, as this course enrollment was decided by the respondent and her daughter without the petitioner's prior consent. - n) The petitioner agreed to pay only 50°/o of the standard education fee payment envisaged for the daughter Arundhati.s Higher Education within India i.e„ First Graduation and First Post Graduation. Any travelling expenses within India/Aboard to be incurred for the minor daughter Arundhati' s Higher Education shall be borne by the respondent. - o) The petitioner agreed to support the daughter Arundhati with the above-mentioned monthly expense of INR 5000/- (Five Thousand Rupees only) and 50% of her higher education expense within India only till the daughter Arundhati, - i. Completes her first graduation and first post-graduation (or) - ii. Gets herfirstjob(or) - iii. Getsmarried, whichever comes earlier. - p) The marriage expenses of the daughterArundhati shall be borne by the respondent herself as she shall be the permanent custodian of the daughter. The petitioner shall contribute his expense share based on his feasibility at that occasion, if the marriage is fixed in consensus with the petitioner. - q) Further to the transfer of permanent custody of the daughter Arundhati to the respondent, it is decided and agreed that she shall not havedno rights to claim further share in the petitioner's properties, his gold ornaments in possession and his financial wealth. The petitioner will hand over the following documents at the time of permanent custody transfer of the minor daughter Arundhati to the respondent on 31St March 2024: - Birth certificate „a State t,ie¢ra.L„,.9 i, ; J:t`.`.``-': ~i.+r` Gen"€ - Aa d h a a r ca rd HtgKho:h:u.rt6:f2Koe3r,a` a jaathakam - iv. Indian passport - v. Academic & Cocurricular certifl.cates - r ## Petitioner ## Anoop K.J Respondent Aishwarya Anoop - vi. Academic Reportcards - vii. School classphotos viii. Arundhati's Trophies - ix. Arundhati's name shall be removed from the current family ration card as requested by the respondent. Adding her name to any other ration card shall be the responsibility of the respondent. 4. The petitioner and the respondent agreed to the following Terms & Conditions regarding the below LIC jeevan Anand Policy settlement. - a) The petitioner had taken a LIC jeevan Anand Policy No. 777342799 on the respondent's name from Thrippunithura LIC Office on 03.08.2009. This is LIC Policy have an amount of INR 6,40,490/- (Rupees Six Lakh Forty Thousand Four Hundred Ninety Only) therein currently. - b) The respondent has invested only lNR 2,82,566/- (Rupees Two Lakh Eighty-Two Thousand Five Hundred Sixty-Six Only) in this LIC policy. Therefore, the respondent is entitled to claim back INR 2,82,566/-only in this regard. - c) The respondent agreed to transfer the balance LIC amount to the petitioner's bank account, after deducting her share of the effective claim amount as mentioned above from the surrender value of the LIC policy. - d) The respondent agreed to share the copy of the LIC Settlement documentation which shall be issued by the LIC Office as a proof document to the petitioner. - e) The respondent will transfer the amount of INR 1,37,724/- (One Lakh Thirty-Seven Thousand Seven Hundred Twenty-Four Rupees Only) to the petitioner bank account from the LIC Policy 777342799 surrender value of lNR 6,40,490/- (Six Lakhs Forty Thousand Four Hundred Ninety Rupees only), - f) The respondent is entitled to deduct her share in LIC investment INR 2,82,566/-, deduct the gold exchange claim amount of INR 2,38,800/and pass on the expense of lNR 18,600/- towards the construction of partition wall in the current joint property from the LIC Policy surrender value of lNR 6,40,490/-. - g) The LIC jeevan Anand Policy settlement shall be executed before both the parties giving evidence in the mutual divorce petition. - #li+3Ia8tal@ i,,,J,`,(-;- I ,-,,.,, L`~,"`"`~` High c0uri i,L..~~,L;i ## Kochi -682 031 ' petitione`i Anoop K.I Respondent Aishwarya Anoop > 5. The petitioner agreed to hand over the following personal belongings of the respondent that are left back at his residence. Her 3+1 Sofa Set, her parental Study Table, Crockeries received from her Father, her Cloths available if any and her jaathakam. These items have to be removed from the petitioner's house at the expenses of the respondent. This activity shall happen before both the parties give evidence in the mutual divorce petition. 6. The petitioner and the respondent are joint title holder of the land having an extent of 6.56 Ares of land jn Sy No.163/4 (Re Sy No.65) of Thekkumbagam Village by virtue of Sale deed No.2655 of 2012 of Tripunithura SRO. - a) The petitioner and the respondent agreed to partition the property scheduled below equally providing the road access to the said Property. - b) The petitioner and the respondent jointly appointed surveyor to effect the partition of the property. The Surveyor Mr. Omanakuttan visited the site on 20th December 2023, measured the property and partitioned the property on the mutual consensus of both the parties. - c) Copy of the Sketch is hereby attached along with the mediation report. The copy of the blueprint of the re-surveyed land is given to both the parties for further proceedings. - d) The Property mentioned above was partitioned in an East-West direction. Northern portion having an extent of 3.25 Ares in Re Sy No. 65 is vested with the respondent. Southern portion with gate having an extent of 3.26 Ares in Re Sy No.65 is vested with the Petitioner herein. e) Both the parties agreed to construct a boundary wall to conclude the partition of the property. The estimate for this civil work is lNR - 37,200/-(Rupees Thirty-Seven Thousand Two Hundred Only) and this expense will be borne by the petitioner and respondent equally. f) The Registration Fee, Stamp Duty and other expenses will be borne by the petitioner and the respondent equally for the execution of partition deed. g) After executing the partition deed, the petitioner will execute settlement deed in favor of minor son Anand and settle the property obtained by him by virtue of partition deed having an extent of 3.26 Ares in Sy No.163/4 (Re Sy NO'65), ¥&T¢?v{cAna|dafterc]r?::iifnp#t!:Ffe interest over the property. Hjghcouilc,``;'i(i'c`I.t`.i!3 jfo6rfei -- 6s2 On`3ttwgiv Petitioner Anoop K.J Respondent viL9 Aishwarya Anoop - h) After executing the partition deed, the respondent will execute settlement deed in favor of minor daughter Arundhati and settle the property obtained by her by virtue of partition deed having an extent of 3.25 Ares in Sy No.163/4 (Re Sy No.65) jn favor of Arundhati after cre?ting life interest over the property. - The copy of the partition deed documentation shall be witnessed by both parties' Legal Counsels, before both the parties give evidence in the mutual divorce petition. District Sub District Taluk Village Desom Tenure Survey & Sub Division Re Sy NO. Extent Local Authority Ernakulam Tripunithura KunnathunaduTa1uk Thekkumbagam Thekkumbagam Jenmom 163/4 65 06.56Ars Tripunithura Municipality ## DESCRIPTION Plaint schedule property is 06.56 Ares of property situated in Sy.No.163/4 Re Sy No.65 of Thekkumbagam Village more fully described in the schedule hereinabove, ## BOUNDARIES East Property in Sy No.163/4 North Property in Sy No.163/4 West Municipal Road South Municipal Road and property in Sy No.163/4 The parties hereby agree that they have no other or further claims, apart from what is stated above, either civil or criminal or under The Code of Criminal Procedure or the Protection of Women from Domestic Violence Act 2005, in the status of spouse or divorced spouse, as against each other and their family members, with respect to movable or immovable properties, gold or diamond ornaments, patrimony, compensation, damages, past and future maintenance, alimony, compensation, damages etc. under any Head, Statute or Law and will not file .in future any case as against a:+t]hiapsiaTejFfl:€jrd:::%!%gF[3Fa€iS#etnrtr€®y ``-+``` High courtof Kerala {¢u.``, Kochpeancn e r Anoop K.J **==> picture [198 x 42] intentionally omitted <==** **----- Start of picture text -----**<br> Respondent TEEii],+<br>AishwaryaAnoo-p<br>**----- End of picture text -----**<br> each other or their family members before any Court, Authority or Forum with respect to any issue, claim or obligation arising out of their marriage and divorce. The parties hereby agree that, in view of this mediation agreement, any complaint, petition or case, filed by any of them and pending before any Court, Authority or Forum can be deemed to have been settled and withdrawn by the respective parties and can be dismissed as not pressed. GOP No.697/2020 can be decreed as per terms and conditions stated in the Paragraph mentioned above regarding the custody and separate compromise petition will be filed in GOP No.697/2020. n3in*i#5fs`o°;g±a-:SSrfeifnREt°ife€efeJ±n#Ppb#s pray that the petition be decreed in terms of the aforesaid agreement. **==> picture [137 x 87] intentionally omitted <==** **----- Start of picture text -----**<br> 2024ife<br>Respondent<br>**----- End of picture text -----**<br> Anoop K.I ## Aishwarya Anoop BabyNa¥#®b\~r illEEEE Anila Peter Counsel for Petitioner ## Counsel for Respondents The above Settlement Agreement is authenticated by me. Adv.Geethak#rip.S ;-+ "\as\a\B#::i;gu.::¥K:efi;;\);a;"G@:"i Mediator Yttin.I.