IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 Mat.Appeal.No. 996 of 2010() ----------------------- OP (HMA) NO. 61/2006 of FAMILY COURT, ALAPPUZHA .................. APPELLANT / RESPONDENT : ------------------------------------------- MAHILKUMAR, AGED 36 YEARS, S/O.K.G.GOPALAKRISHNAN NAIR, ANUPAMA HOUSE, NOORANAD P.O., ERUMAKUZHY MURI, PALAMEL VILLAGE. BY ADV. SRI.A.J.JOSE (AEDAIODI) RESPONDENTS / PETITIONER : --------------------------------------------- 1. PRIYA, AGED 30 YEARS, D/O.THANKAMANI, KUTTIYIL HOUSE, PADA NORTH, KARUNAGAPPALLY. 2. MAHIMA, AGED 5 YEARS, S/O.PRIYA, KUTTIYIL HOUSE, PADA NORTH, KARUNAGAPPALLY. BY SRI.RINNY STEPHEN CHAMAPARAMPIL THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 15/07/2011, ALONG WITH MA NO. 1036 OF 2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn Thottathil B.Radhakrishnan & K.Surendra Mohan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = Mat.Appeal Nos.996 of 2010-B & 1036 of 2010-F = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 15th day of July, 2011. Judgment Thottathil B.Radhakrishnan, J. Communication No.KMC/806/09/MED/51/974 dated 23.12.2010 of the Director of the Kerala Mediation Centre is brought to this Court with a report of mediator. It is accompanied by an agreement between Mahil Kumar and Priya, the parties to these appeals and one K.G.Gopalakrishnan. We see that Mahima, a minor child is also a party to Mat.Appeal No.996 of 2010. Going through the agreement, we find that Mahima is not a party to the agreement. Nor is the minor represented by anybody in that agreement. Reference to mediation is also seen to have been obtained without alerting the Court that a minor is a party to the appeal. In such an Mat.Appeal 996 & 1036/10 -: 2 :- event, reference to mediation could have been only with the leave of the Court noting such a situation. We also see that clauses in the agreement refer to litigations with certain other persons who are not on the array. That also includes the undertaking to withdraw some litigation in the magistrate's court which involves Rema Bhadran, a third person. We deem it appropriate not to record the compromise. We accordingly dismiss these Mat.Appeals for non- prosecution. Thottathil B.Radhakrishnan, Judge. K.Surendra Mohan, Judge. Sha/2007