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Biju Raja vs Bindu. a

Biju Raja vs Bindu. a

Type Court Judgment Court Kerala Decided Jul 05, 2024
~2 min read
https://sooperkanoon.com/case/1326521

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Mat.Appeal/473/2024

Parties & Advocates

Appellant / Petitioner

Biju Raja

Respondent

Bindu. a

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice raja vijayaraghavan v & the honourable mr. justice p.m.manoj friday, the 5th day of july 2024 / 14th ashadha, 1946 mat.appeal no. 473 of 2024 against the judgment dated 22.03.2024 in op(hma) no.1171 of 2023 of family court, s.paravoorappellant/respondent: biju raja aged 61 years s/o t. m rajan, thykadavil house, kottayam p.o, kottayam district, pin - 686001 by advs. jacob e simon arathy p. respondent/petitioner: bindu. a d/o k. g jayadevan, vijay villa, chathannoor p.o, kollam, pin - 691572 by adv s.sreekumar (kollam) other present: sri s sreekumar(kollam), for party resp. this matrimonial appeal having come up for admission on 05.07.2024, the court on the same day delivered the following:judgmentraja vijayaraghavan, j this appeal is preferred challenging the judgment dated 22.03.2024 in o.p (hma) 1171 of 2023 on the file of the family court, paravoor, as per which divorce was granted to the respondent on the ground of cruelty.2. based on requests made by the parties, they were referred to mediation.3. today, when the appeal is taken up, the learned counselappearing for both sides submitted that they have resolved their disputes and the appellant has decided not to prosecute the appeal. they have also come to an agreement that all claims and disputes between the parties have been settled and no financial claims shall be raised in the future. the memorandum of agreement, executed between the parties under rule 24 of the civil procedure (alternative dispute resolution) rule, 2008, has been placed on record.4. we have gone through the settlement agreement. we do not find any of the terms therein to be unlawful.5. in that view of the matter, this appeal is disposed of in terms of the memorandum of agreement. the memorandum of agreement shall form part of this judgment. raja vijayaraghavan v, p.m.manoj, apm

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V & THE HONOURABLE MR. JUSTICE P.M.MANOJ FRIDAY, THE 5TH DAY OF JULY 2024 / 14TH ASHADHA, 1946 MAT.APPEAL NO. 473 OF 2024 AGAINST THE JUDGMENT DATED 22.03.2024 IN OP(HMA) NO.1171 OF 2023 OF FAMILY COURT, S.PARAVOOR

APPELLANT/RESPONDENT: BIJU RAJA AGED 61 YEARS S/O T. M RAJAN, THYKADAVIL HOUSE, KOTTAYAM P.O, KOTTAYAM DISTRICT, PIN - 686001 BY ADVS. JACOB E SIMON ARATHY P. RESPONDENT/PETITIONER: BINDU. A D/O K. G JAYADEVAN, VIJAY VILLA, CHATHANNOOR P.O, KOLLAM, PIN - 691572 BY ADV S.SREEKUMAR (KOLLAM) OTHER PRESENT: SRI S SREEKUMAR(KOLLAM), FOR PARTY RESP. THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 05.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Raja Vijayaraghavan, J This appeal is preferred challenging the judgment dated 22.03.2024 in O.P (HMA) 1171 of 2023 on the file of the Family Court, Paravoor, as per which divorce was granted to the respondent on the ground of cruelty.

2. Based on requests made by the parties, they were referred to mediation.

3. Today, when the appeal is taken up, the learned counsel

appearing for both sides submitted that they have resolved their disputes and the appellant has decided not to prosecute the appeal. They have also come to an agreement that all claims and disputes between the parties have been settled and no financial claims shall be raised in the future. The Memorandum of Agreement, executed between the parties under Rule 24 of the Civil Procedure (Alternative Dispute Resolution) Rule, 2008, has been placed on record.

4. We have gone through the settlement agreement. We do not find any of the terms therein to be unlawful.

5. In that view of the matter, this appeal is disposed of in terms of the Memorandum of Agreement. The Memorandum of Agreement shall form part of this judgment. RAJA VIJAYARAGHAVAN V, P.M.MANOJ, APM

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