Kerala High Court
Mat.Appeal/869/2014 of SIVADAS Vs PUSHPA on 11 April 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 MAT.APPEAL NO. 859 OF 2014 AGAINST THE JUDGMENT DATED 28.06.2014 IN OP NO.429 OF 2012 OF
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947
MAT.APPEAL NO. 859 OF 2014
AGAINST THE JUDGMENT DATED 28.06.2014 IN OP NO.429 OF
2012 OF FAMILY COURT, THODUPUZHA
APPELLANT/RESPONDENT IN O.P.NO.429 OF 2012:
SIVADAS
AGED 49 YEARS
S/O.SRI.NARAYANAN,RESIDING AT KUZHIKKATTUMATTATHIL
HOUSE,POTTANKADU.P.O,20 ACRE KARA,BISONVALLEY
VILLAGE,DEVIKULAM TALUK,IDUKKI DISTRICT,PIN-685565.
BY ADV SRI.N.K.SUBRAMANIAN
RESPONDENT/PETITIONER IN O.P.NO.429 OF 2012:
PUSHPA
AGED 46 YEARS
W/O.SRI.SIVADAS,RESIDING AT KARIAKUNNEL
HOUSE,BISONVALLEY.P.O,BISONVALLEY KARA,BISON
VALLEY,DEVIKULAM TALUK,IDUKKI DISTRICT,PIN-685565.
BY ADV SRI.P.CHANDY JOSEPH
THIS MATRIMONIAL APPEAL HAVING COME UP FOR HEARING ON
11.04.2025, ALONG WITH Mat.Appeal.869/2014, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
-: 2 :-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947
MAT.APPEAL NO. 869 OF 2014
AGAINST THE COMMON JUDGMENT DATED 28.06.2014 IN
OPMH NO.540 OF 2012 OF FAMILY COURT, THODUPUZHA
APPELLANT/PETITIONER IN O.P(HM) 540/2012:
SIVADAS
AGED 49 YEARS
S/O. SRI NARAYANAN, RESIDING AT
KUZHIKKATTUMATTATHIL HOUSE, POTTANKADU P.O., 20 ACRE KARA, BISONVALLEY VILLAGE, DEVIKULAM
TALUK, IDUKKI DISTRICT, PIN - 685 565.
BY ADV SRI.N.K.SUBRAMANIAN
RESPONDENT/RESPONDENT IN O.P(HM) 540/2012:
PUSHPA
AGED 46 YEARS
W/O. SIVADAS, RESIDING AT KARIKUNNEL HOUSE, BISONVALLEY P.O., BISONVALLEY KARA, BISONVALLEY VILLAGE, DEVIKULAM TALUK, IDUKKI - 685 565.
-: 3 :-
BY ADV SRI.P.CHANDY JOSEPH
THIS MATRIMONIAL APPEAL HAVING COME UP FOR HEARING
ON 11.04.2025, ALONG WITH Mat.Appeal.859/2014, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:31893
Sathish Ninan & Shoba Annamma Eapen, JJ.
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Mat. Appeal Nos.859 and 869 of 2014
=========================================
Dated this the 11th day of April, 2025
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JUDGMENT
Sathish Ninan, J. The parties have settled their disputes in mediation. They have entered into a memorandum of agreement incorporating the terms of settlement. The decree and judgment impugned in these appeals are set aside and a modified decree is passed in terms of settlement. The appeals are disposed of in terms of the settlement. The memorandum of agreement will form part of this judgment.
2. Clause 6 of the terms of settlement reads thus:- “It is further agreed by both appellant and respondent to file a petition for divorce on mutual consent before the Family Court, Thodupuzha on or before 10.04.2025.”
-: 2 :- 2024:KER:87819
The parties have been living separately atleast since the year 2004. Hence we are sure that if an application is moved seeking for wavier of the statutory cooling period of six months, the same will be considered positively by the Family Court.
Sd/- Sathish Ninan, Judge
Sd/- Shoba Annamma Eapen, Judge SVP