SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Lallu T Panackal vs Lallu T Panackal on 13 December, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SATHISH NINAN
THURSDAY, THE 13TH DAY OF DECEMBER 2018/22ND AGRAHAYANA, 1940

Tr.P.(C)No.262 of 2018

(TO TRANSFER O.P.No.406/2017 OF FAMILY COURT, THIRUVALLA
TO FAMILY COURT, KOTTAYAM)

PETITIONERS/RESPONDENTS IN O.P.406/2017:

1 LALLU T PANACKAL,
AGED 31 YEARS, D/0.P.C.THANKACHAN,
PANACKAL HOUSE, AYAMANAM.P.O,
KOTTAYAM DISTRICT, PIN-680 615.

2 P.C.THANKACHAN,
AGED 60 YEARS, S/O.P.K.CHACKO,
PANACKAL HOUSE, AYAMANAM.P.O,
KOTTAYAM DISTRICT, PIN–680 615.

BY ADVS.

SRI.P.SANJAY
SMT.A.PARVATHI MENON

RESPONDENT/PETITIONER IN O.P.406/2017:

TENY THOMAS,

AGED 36 YEARS, S/O.THOMAS VARKEY,

PRESENTLY AT GULF CONSULT,

P.O.BOX NO.22412, SAFAT-13085, KUWAIT,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
THOMAS VARKEY, AGED 76 YEARS,
KANJIRITHUMMOOTTIL, KARIKKAD MURIYIL,
KUTTAPPUZHA VILLAGE, THIRUVALLA TALUK,
THIRUVALLA-689 103.

‘ BY ADVS.

1 SMT.ANJALY MATHEW

SRI.MVS.NAMBOOTHIRY

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 13.12.2018, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:

Tr.P.(C)No.262 of 2018

m

The parties have settled their disputes in
mediation. They have entered into a memorandum of
agreement recording the terms of settlement. The
transfer petition is disposed of in terms of the
settlement. The memorandum of agreement will form
part of this judgment.

The parties are at liberty to take further
steps in terms of settlement.

Transfer petition is disposed of accordingly.

Sd/–

SATHISH NINAN

ss JUDGE

‘ ERNAKULAM MEDIATION CENTRE

(HIGH COURT HALL)

(2nd floor. above SBI, High Court Building, Ernakulam, Kochi-31.(Ph:04842562238)

Reg. No….9592″6 / / . Dated:

From

The Nodal Officer,

Ernakulam Mediation Centre (H.C.),

Ernakulam.

0 To
The Registrar (Judicial),
High Court of Kerala.

Ernakulam.

Sir,
Sub:– Mediation of referred cases — Reg.
Ref:- Referral Order in ……… V //
dated… …of the Hon’ble High Court of Kerala.
* * *
.9 The report of the Mediator in the matter along with the enclosures is furnished herewith for information

9 /l’ C and necessary action.

/ .

x

7 M
fig £0
9′”

Yours faithfully ”

lo
Nodal Officer
, Ernakulam Mediation Centre
Encl:– 1. Report of the Mediator, Settlement Agreement.

2. Copy of referral order dated .29″. ./. of the High Court of Kerala.

3. Copy of Petition.

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

Transfer Petition (Civil) No.262/2018

Lallu.T.Panackal and others : Petitioners

Vs.

Teny Thomas, represented by
Power of Attorney holder Thomas Varkey : Respondent

REPORT SUBMITTED BY THE MEDIATOR
ADV. V.M. KRISHNAKUMAR

Mediated, matter is settled.

Terms and conditions are attached herewith.

Dated this the 30755 of November, 2018.

am

Adv. V.M. Krishnakumar
Mediator

High Court Mediation Centre

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

Transfer Petition (Civil) No.262/2018

Lallu.T.Panackal and others : Petitioners
.1- VS.

Teny Thomas Varkey, represented by
Power of Attorney holder Thomas Varkey : Respondent

MEMORANDRUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF
CIVIL EROCEDURE READ WITH RULES 24 25 OF THE KERALA CIVIL
PROCEDURE (MEDIATION), RULES, 2008:

. The parties came to a settlement on the following terms and conditions:

1. The 1st petitioner and the respondent are husband and wife. Seemingly their
relationship is not sailing smoothly. Now the parties are before the Family
Court working out their legal recourse. The 2nd petitioner is the father of the

1st petitioner.

2. OP. No.406/2017 is filed by the respondent for return of gold ornaments and
money-k against the petitioners herein before the Family Court, Thiruvalla. The
respondent filed another Original Petition as O.P.No.223/2017 for divorce
before the Family Court, Thiruvalla. The divorce OR was dismissed for

. default. Respondent filed LA. No.1001/2017 for the restoration of the said

O.P, which is now pending.

3. The 1St petitioner along with her minor child Miya Saira Teny filed M.c.
No.116/2017 for maintenance, which is pending before the Family Court,

Thiruvalla.

4. The first petitioner has filed O.P. No.704/2018 for return of money against the
respondent before the Family Court, Kottayam at Ettumanoor. This being the

factual scenario, the parties came to an agreement, whereby they decided not

to proceed with relationship of husband and wife, they prefer to part ways on

the following terms and conditions.

. The respondent will give a total amount of R522 lakhs in favour of minor
child minor Miya Saira Teny. The respondent is operating an account A/c.
30.00000067366933749 with the State Bank of India (previously State Bank
of Travancore) Kuttapuzha Branch in the name of his child Miya Saira Teny in
t”‘ESukany Samridhi” scheme. As on 05.08.2018, the respondent has paid an
amount of Rs.3,18,365/– (Rupees Three lakh eighteen thousand three hundred
and sixty five only) towards the said account. This amount can be withdrawn
only by the child on her attaining the age of 18 years. Out of the above
Rs.22lakhs agreed to be paid by the respondent referred to above, Rs.3 lakhs
will be deducted from the total amount of R522 lakhs taking into account the
amount paid by the respondent towards Sukanya Samriddhi scheme referred
above. Therefore the respondent will pay an amount of Rs.19 lakhs in the
name of minor child Miya Saira Teny. The said money will be deposited as
.fixed deposit in the Nationalised/C-operative bank of the first petitioner’s
choice. An amount of Rs.15 lakhs will be paid by the respondent herein as
fixed deposit in the name of minor child Miya Saira Teny in Aiymanam
Service Co-operative Bank, Aiymanam on the date of the first petitioner and
the respondent presenting the mutual consent petition for divorce as
mentioned in clause 9 of this agreement. Balance amount of Rs.4,00,000/-
(Rupees four lakhs only) will be deposited by the respondent as fixed deposit
in the name of minor Miya Saira Teny in the above mentioned same bank on
the date fixed by the Hon’ble Court after the statutory period under Sec 10 A
3} the Divorce Act for giving evidence/proof affidavit (Th above referred
‘r’n’utual consent application will be filed before the Family Court within a
period of two months from today). The nominee of this fixed deposit will be
the lipetitioner, that is the mother of the minor child. It is also agreed by the

respondent that the 1st petitioner Lallu T.Panakkal, the mother of the minor

.. a)”

M%N WM
WW» / , ffaf’zi’b” a”

A m )
L «if.

. . ,

~ .1. Io

{0. ‘: IA»

child Tsentitled to receive the interest from the fixed deposit of Rs.19 lakhs as
per her wish with regard to the term (period) of withdrawing of interest. It is
also agreed by the respondent that he will give necessary
authorisation/consent letter with regard to ‘Sukanya Samridhi’ account referred
above in favour of the 1St petitioner. The respondent will also handover
the pass book of ‘Sukanya Samridhi’ account to the 15’t petitioner. Pass book of
Bukanya Samriddhi’ account referred above and the authorization/consent
“letter will be handed over on the day of appearance/evidence of the 1St
petitioner and the respondent in the divorce O.P. after the statutory period of

six months envisaged in the Divorce Act.

. The 1St petitioner has to agree/sign to close one recurring deposit, two fixed

deposits in the Federal Bank, Paippad branch and one fixed deposit in South
Indian Bank Thiruvalla Branch n which respondent and 1St petitioner are joint
account holders. The closing of above mentioned accounts is necessary to pay
Rs.19 lakhs mentioned in clause 5 of this agreement. Also 1St petitioner has to
give necessary authorization/consent letter to remove her name from joint SB
NR1 accounts in the Federal Bank, Paipad Branch and South Indian Bank,
Thiruvalla Branch, simultaneously with the filing of the joint petition for

divorce.

,

7. All gold and diamond ornaments purchased by the respondent (according to

the respondent, the quantify of the gold ornaments came to 241-3 grams, but
the petitioners disputing the quantity of gold ornaments) are with the 15t
petitioner. Respondent with free will gives this gold ornaments and
diamonds to this minor daughter. The respondent will hand over the
. warranty cards with regards to diamond jeweleries to the 1st petitioner, if

the same is with him.

8. It is also agreed by the 1st petitioner and the respondent that Locker No.128

at Federal Bank, Paippad Branch was taken in the Joint name of them, and

g , was» ‘
W1″ WM

. ,» {T SM; is?

,0

they will approach the bank and cancel/close the locker facility. Two gold
rings and a gold coin will be taken by the respondent, the remaining
ornaments in the locker Viz a gold coin and the bracelet will be taken by the

1st petitioner.

9. The first petitioner shall have custody of the minor child Miya Saira Teny.
However the 1St petitioner shall hand over the custody of the minor child to the
respondent for 15 days (the respondent will be entitled to the above referred
custody in long holidays of school). This shall be done without affecting the
study/schooling of the minor child as well as the mental health of the child.
During the stay with the respondent, the petitioner and her parents may be
permitted to speak to the minor child over phone. The very same way, the
respondent and his parents should e able to speak to the minor child over the
phone during the child’s stay with the petitioner. In case the respondent comes
to his native place other than during the minor child’s vacation mentioned in
clause 9 the respondent shall inform the 1st petitioner and her family and shall
fix a convenient time and place suitable to both parties in order to meet the

child.

10.In View of the settlement entered into, the 1st petitioner will not have any
objection in restoration of GP. No.223/2017 for divorce filed by the
Fespondent before the Family Court, Thiruvalla. After the restoration of QR
No.223/2017 on file, thereafter the same will be withdrawn by the respondent.
The 1St petitioner and the respondent shall file petition for dissolution of
marriage between them by mutual consent under section 10A of the Indian

divorce Act before the Family Court, Kottyam at Ettumanoor.

11. It is also agreed by both parties that in view of the settlement the respondent
will withdraw/not press the OP. No.406/2017 filed by him before the Family
Court, Thiruvalla. Like wise the 1St petitioner will not press/withdraw M.C.

No.116/2017 filed by her before the Family Court, Thiruvalla as well as O.P.

.’

V’l

704/2018 filed by her before the Family Court, Kottaym at Ettumanoor.
Similarly the 1St petitioner shall withdraw Transfer Case (Crl.) 52/2018 filed
by her before the Hon’ble High Court. The withdrawal of the cases mentioned
in clause 11 of this agreement shall be done by the respective parties after the

finality of the divorce petition achieved.

12.All the disputes between the petitioners and the respondent are settled in
consonance with the terms of agreement referred above and herein after, the

parties do not have any claim of what so ever nature against each other.

13.It is also agreed that, in the event of non compliance of conditions stipulated
in this agreement with regard to divorce proceedings under section 10A of the

-I-ndian Divorce Act, the parties have the right to re agitate with their earlier
cause of action including the recovery of money if any deposited by the

respondent at the time of filing of the joint petition.

Dated this the 5′” day of November, 2018.

Petitioners Respondent
k1.

V W
Teny Thomas

(Rep. By POA Thomas Varkey)

P.C.Thankach n

.. MN,” – /

Counsel fort e Appellant Counsel for the Respondent

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation