IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA, 1930 Mat.Appeal.No. 299 of 2008() ---------------------------- OP.718/2006 of FAMILY COURT, THIRUVALLA .................... APPELLANT/PETITIONER: ------------------------------------ SHEEBA ABRAHAM, AGED 26 YEARS, W/O. RENJI P.JOY, NJAKKOLIL HOUSE, VAYYATTUPUZHA P.O., CHITTAR. BY ADVS. SRI.PHILIP M.VARUGHESE SRI.AMRIT RAJ BABY RESPONDENT(S): RESPONDENTS: --------------------------- 1. RENJI P.JOY, AGED 31 YEARS, S/O. ABRAHAM JOY, PUTHIYAMELETHIL HOUSE, MYLAPRA P.O., PATHANAMTHITTA. 2. ABRAHAM JOY, AGED 55 YEARS, PUTHIYAMELETHIL HOUSE, MYLAPRA P.O., PATHANAMTHITTA. ADVS. SRI.VIVEK VARGHESE P.J. FOR R2 SRI.VARUGHESE M EASO FOR R2 SRI.VISWANATHAN,CONCILIATOR THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & C.T. RAVIKUMAR, JJ. --------------------------------------------------------- MAT. APPEAL NO. 299 OF 2008 --------------------------------------------------------- Dated this the 8th day of January, 2009 JUDGMENT Ravikumar, J. The appellant herein was the petitioner and the respondents herein were the respondents in O.P. No.718 of 2006 on the file of the Family Court, Thiruvalla A detailed narration of the facts is uncalled for as the matter has, now, been settled between the parties pursuant to an earnest and successful conciliation conducted by the conciliator appointed by this Court. 2. The appellant herein filed O.P.No.718 of 2008 before the Family Court under Section 7 of the Family Courts Act for recovery of an amount of Rs.6,96,000/- towards value of gold ornaments and money entrusted to the respondents as paternal share. As per judgment dated 18.2.2008, the learned Judge of the Family Court allowed the relief only in respect of Rs.75,000/- paid in connection with the marriage. Accordingly, the respondents were directed to pay an amount of Rs.75,000/- to the petitioner in one month and, on its failure, the petitioner was given the right to recover the said amount with an interest at 7% per annum from the date of decree till date of realization. This appeal is directed against the Mat. Appeal No.299/2008 2 said judgment. 3. This Court, vide order dated 30.9.2008 appointed Advocate Sri. P. Viswanathan as conciliator to mediate with the parties and to find out an amicable settlement. After filing an interim report dated 28.10.2008, he has now filed a report of conciliation dated 7.1.2009 stating that the parties have arrived at a settlement. It is stated that the first respondent in the appeal is abroad and his father, the second respondent in the appeal represented him in the conciliation and they have come to a settlement of the disputes. The appellant and the second respondent have endorsed the same. The terms and conditions of settlement are incorporated in the report of conciliation dated 7.1.2009. It is stated therein that in terms of the judgment dated 18.2.2008, an amount of Rs.75,000/- has been deposited by the respondents before the Family Court, Thiruvalla. In addition to that amount, the second respondent has agreed to pay or deposit an amount of Rs.60,000/- within two months from 7.1.2009 and also agreed to allow the appellant to withdraw the amount of Rs.75,000/- deposited before the Family Court as well, towards full and final settlement of the money claim in the appeal and, obviously, the appellant has agreed for the same. It is further agreed between the parties that in case of default in payment or deposit of Rs.60,000/- as mentioned above, Mat. Appeal No.299/2008 3 the respondents would be liable to pay interest at the rate of 12% on the said sum of Rs.60,000/- and the appellant would be entitled to recover the same by proceeding against the property which stands in the name of the second respondent by creating a charge. 4. The marriage between the appellant and the first respondent which was solemnised on 10.1.2005 has been dissolved by a decree of divorce passed by the Family Court, Thiruvalla. In the wedlock they got a minor son Master Alvin. During conciliation, the second respondent expressed his willingness to give 1/5th share of his property in the name of his grandson Master Alvin, towards full and final settlement of the claim raised by the appellant in addition to the Rs.60,000/- mentioned above and also Rs.75,000/- already deposited before the Family Court, Thiruvalla. After initial disagreement and difference of opinion, they settled the said issue too and in terms of the agreement the second respondent would deposit Rs.2,50,000/- offered and accepted in lieu of the aforementioned share on the property, in the Chittar Branch of the Federal Bank within two months from 7.1.2009 as fixed deposit in the name of Master Alvin, initially for a period of 5 years and the appellant or the next friend/guardian of Master Alvin would be authorized to withdraw periodical interest accrued on the said sum and also to renew the said Mat. Appeal No.299/2008 4 fixed deposit in due course. The appellant has also expressed her willingness to withdraw the petition for maintenance filed before the Family Court, Thiruvalla. Further, it is agreed that in case of default in depositing the said amount of Rs.2,50,000/- in the Chittar Branch of the Federal Bank in the name of Master Alvin within a period of one month from 7.1.2009 for any reason, the second respondent would continue to pay the monthly maintenance as ordered by the Family Court, Thiruvalla in M.C. No.80 of 2007 or at the rate fixed by the Family Court till the deposit is made. The conciliation report would reveal that during the course of conciliation the question regarding the guardianship of Master Alvin in case of the remarriage of the appellant also cropped up. The appellant revealed that she has no intention to remarry. However, in respect of the said issue also they have come to an agreement that in case the appellant remarries during the minority of Master Alvin, either party or the persons who are interested in the welfare of the child can approach the appropriate forum for the needful. The parties have agreed to abide by the terms and conditions mentioned above and also agreed for passing a compromise decree. 5. Accordingly, taking into account the changed circumstances and the report of conciliation containing the terms and conditions of the Mat. Appeal No.299/2008 5 settlement arrived at between the parties, we are disposing of this appeal as hereunder: i. The appellant shall be at liberty to file appropriate petition before the Family Court, Thiruvalla for withdrawing Rs.75,000/- deposited before that Court and in the event of filing of such an application, the court below shall pass orders enabling the appellant to withdraw the said amount of Rs.75,000/- deposited in compliance with the judgment in O.P.No.716 of 2008 within a period of two weeks. ii. The second respondent shall pay Rs.60,000/- to the appellant or deposit the said sum within two months from 7.1.2009 in the name of the appellant and the appellant shall be at liberty to withdraw the said sum on such deposit. In case of default in payment or deposit of the said amount of Rs.60,000/- by the second respondent within two months from 7.1.2009, the respondents shall pay interest thereon at the rate of 12% per annum and the appellant shall be entitled to recover the said sum together with interest by proceeding against the property which stands in the name of the second respondent by creating a charge. iii.The second respondent shall deposit a sum of Rs.2,50,000/- (Rupees Two lakhs and fifty thousand only) in the Chittar Branch of the Federal Bank within two months from 7.1.2009 in the name of Master Alvin, the one and the only child of the appellant and the first respondent, as fixed deposit for a period of five years. However, if the said sum of Rs.2,50,000/- (Rupees Two lakhs and fifty thousand only) is not deposited in the Chittar Mat. Appeal No.299/2008 6 Branch of the Federal Bank within a period of one month from today, the respondents shall pay monthly maintenance as ordered by the Family Court, Thiruvalla in M.C. No.80 of 2007 or at the rate fixed by that court till the deposit is made. iv.In the event of compliance with direction No. (iii) by the second respondent, the appellant shall be at liberty to withdraw periodical interest accrued on the sum of Rs.2,50,000/- (Rupees Two lakhs and fifty thousand only) for the maintenance of Master Alvin, as and when required and the appellant or the legally appointed guardian of Master Alvin during his minority shall renew the fixed deposit of the said sum of Rs.2,50,000/-(Rupees Two lakhs and fifty thousand only) as when it is required to be renewed. v. In the event of compliance with direction No. (iii) by the second respondent, the appellant shall file appropriate petition to withdraw M.C. No.80 of 2007 from the files of the Family Court, Thiruvalla within a week from the date of compliance. vi.In case the appellant remarries during the minority of her son Master Alvin, either party to this appeal or the persons who are interested in the welfare of the child shall be at liberty to approach the appropriate forum for appropriate relief. vii.In the event of compliance with directions in items (i) to (iii) to be complied with by the respondents, the concerned respondent shall be at liberty to apply before the Family Court, Thiruvalla to lift the attachment of properties as ordered in O.P. No.718 of 2006 by the Family Court, Thiruvalla. Mat. Appeal No.299/2008 7 It is made clear that in the event of compliance with the directions issued n this appeal by the respondents, it would be treated as full land final settlement of the claims of the appellant herein against the respondents. As stated earlier, this Court vide order dated 30.9.2008 appointed Advocate Sri. P. Viswanathan as conciliator to mediate with the parties and to find out an amicable settlement. He has conducted the same in a creditable and successful manner. We are of the opinion that at least towards his expenditure, some amount is required to be paid. Accordingly, the Kerala Legal Services Authority is directed to pay an amount of Rs.2,500/- to Advocate Sri. P. Viswanathan and to enable the same, the Registry shall forward a copy of this judgment to the Kerala Legal Services Authority. The decree of the Court stands modified to the extent mentioned above. In the circumstances, there is no order as to costs. (P.R. RAMAN) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ Mat. Appeal No.299/2008 8 P.R. RAMAN & C.T. RAVIKUMAR, JJ. MAT.APPEAL NO.299/08 JUDGMENT 8th January, 2009