IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 WP(C).No. 3502 of 2010(K) ---------------------------------- PETITIONER(S): ------------------------ VINEETH KRISHNAN, S/O.SREEDHARA KRISHNAN PILLAI, SIVANJALI, SKY LINE, MINNAMKODU P.O., TRIVANDRUM. BY ADV. MR.A.AHZAR RESPONDENT(S): ------------------------- 1. SECRETARY, TALUK LEGAL SERVICE COMMITTEE, CHENGANNOOR. 2. INDU, D/O.LALITHA KUMARI, INDRAPRASTHAM VEEDU, KURATHISSERI VILLAGE, MANNAR, CHENGANNOOR TALUK. R2 BY ADV. MR.S.PRAKASH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.3502/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DTD. 11.7.09. P2:- COPY OF THE DEMAND DRAFT DTD. 7.12.09. P3:- COPY OF THE SPEED POST DTD. 7.12.09. P4:- COPY OF THE DISCHARGE SUMMARY ISSUED BY THE DOCTOR. P5:- COPY OF THE CERTIFICATE ISSUED BY THE DOCTOR. P6:- COPY OF THE LETTER AND POSTAL RECEIPT. TRUE COPY P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.3502 OF 2010 ----------------------------------------------------- DATED THIS THE 24th DAY OF MARCH, 2010 J U D G M E N T Heard the learned counsel for the petitioner and the learned counsel appearing for the 2nd respondent. By Exhibit P1, the Taluk Legal Services Committee, Chengannoor disposed of the matter after a settlement was arrived at between the parties. The order reads as follows: “Matter discussed and settled between the parties (1st petitioner and 1st respondent) for an amount of Rs.10,00,000/- (Ten Laks only). The agreed amount will be paid by the respondent in instalments. The respondent will pay Rs.9,000/- (Nine Thousand)/ month to the petitioner before 10th of every month starting from 10.8.2009. After paying the instalments at Rs.9,000/ month to the petitioner, the respondent will pay Rs.3,05,000/- (Three Laks Five Thousand) for the 10th day of 6th month. Thereafter, Rs.3,50,000/- will be paid by the respondent within W.P.(C)No.3502/10 -2- next sixth month ie, on or before 10.8.2010. Thereafter the balance amount of Rs.3,00,000(Three laks) by the respondent to the petitioner within six months , ie; on or before 10.2.2011. This will be the full and final settlement of all the claim against the respondent by the petitioner. The custody of the minor child Pooja born to the 1st respondent in the 1st petitioner with the 1st petitioner. After the final payment is made on or before 10.2.2011, the parties agreed to file a joint petition for divorce before the concerned court. If any difficulty is made by the respondent in payment, the petitioners will entitle to realise the balance amount in lump @ 10% per annum.” 2. It is submitted by the learned counsel for the petitioner and the learned counsel appearing for the 2nd respondent that the monthly instalment upto 31.12.2009 have been paid by the petitioner. The petitioner seeks for a modification of the clause by which the petitioner has to pay an W.P.(C)No.3502/10 -3- amount of Rs.3,05,000/- as on 10.1.2010. The further instalment of Rs.3,50,000/- has to be paid by the petitioner within the next six months, i.e., on or before 31.8.2010. 3. In the light of the difficulties pointed out by the petitioner, Exhibit P1 will stand modified as follows: 4. The petitioner will have to pay an amount of Rs.1,75,000/-(Rupees One Lakh Seventy Five Thousand only) on or before 31.5.2010 and the balance amount of Rs.1,30,000/- (Rupees One Lakh Thirty Thousand only) towards the instalment due on 10.1.2010 will be paid on or before 31.8.2010. There will not be any change with regard to the direction to pay the remaining instalments on the respective dates. With the above modification Exhibit P1 will govern the settlement between the parties. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn