Kerala High Court
Saheera Ahammad vs A.C.Kunhammad on 24 September, 2025
Mat.A No.639/2020 & C.O.No.4/2023 1 2025 : KER: 71537
IN THE HIGH COURT OF RERAIA AI ERNAKuliAM
PRESENT
THE HONouRABlra rm. ]usTlcH DEVAN RzmcHANDRAIt
&
THE HONoURABI,E nns. eusTICE M.B. SNEHAILATHA
WEDNESDAY, THE 24" DAY OF SEPTREER 2025 / 2ND ASWINA,
1947
MAT.APPEAli NO. 639 0F 2020
AGIAINST THE ]uDGmENT IN op No.297 oF 2ol6 oF FAMII.I
C0tJRT , KOZHIKODE
APPEliLANT/PETITIONER:
A.c.KUNHArmD, AGED 61 ¥EARs
s/o.IATE NcoRUDEN, KUNIIALmns ,
MooRI¥AD ROAD , KooTHupARzancu AMsoM DEsoM,
PO R00TIIUPAREU ,
TIIAIASSERY TAIIUK, KANNUR-670643.
BY ADV SHRI.GEORGHE SEBASTIAN
RESPONDENT/RESPONDENT:
SAEIEERA AHAm4AD, AGED 5o yEARs,
SAHIRAS, D/O.C.K.KHELID,
33/2833,81, PAROPPADI, CHEVIIYUR AMSOM BESOM,
PO MERIKKUNNU, KOZHIKODE-673012.
BY ADVS .
SRI . R . SURENDRAN
KUM . S . MAYUKHA
THIS MATRIMONIAI. APPEAII HAV-ING COME UP FOR HEARING 0N
24.09.2025, ALONG WITH CO.4/2023, THE CotJRT ON THE SAIE
DAY DELIVERED THE FOI.I-OWING:
Mat.A No.639/2020 & C.O.No.4/2023 2 2 0 2 5 .: KER : 7 15 3 7
\
IN THE HIGH COURT OF RERAlzA AT E AKUILAM
PRESENT
TI]E HONOuRABLE MR. ]usTlcE DEVAN FLrmcllANDRZDi
&
THE HONouRABLE res. ]nysTlcE M.B. sREHAlmTHA
REDRESDAY, THE 24TH DAY 0F SEPTEREER 2025 / 2ND ASWINA,
1947
CO NO. 4 0F 2023
AGENST TIRE JUDGD4ENT DATED 31.01.2020 IN OP NO.297
oF 2ol6 oF FAMII[¥ couRT,rozHIKODE
cRoss AppEIIILZENT/REspoueENT :
SAIIRERA AHAmffiD, AGED 52 irEARs
D/0. LARE C.K.KIIAlilD,
RESIDING AT SAHIRAS, 33/2833 81, PAROPPADI,
cHEVAyuR AMsOM, DEsOM, p.O.imRIKKtINNu,
KOZHIKODE DISTRICT. , PIN -673012
BY ADVS .
SRI . R . sUBEiil)Rzni
HUM . s . emruKHA
RESPONDENT/APPELLENT:
A.c.RI7NHAm4AD, AGED 63 ¥EARs
S/O. LARE NOORUI)FEN,
REslDING Ar KUNHAI.Hms , MooRI¥AD roAI) ,
KOOTHupAFLREu AMsOM DEsOM, p. O. KOOTHupARm4Bu,
TIIAIASSERY TAI.UK, KANNUR DISTRICT. , PIN - 670643
BY ADV SHRI.GEORGE SEBASTIAN
THls cRoss oBdECTloN/cRoss AppEAL HAVING corm up roR
ADMISSION 0N 24.09.2025, ALONG WITH rat.Appeal.639/2020,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat.A No.639/2020 & C.O.No.4/2023 3 2025 : KER: 71537
DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ.
--------------------I----------------------
Mat.Appeal No.639/2020 & C.O.No.4/2023
I - - - 11 - - I - I I I - I ---------,---------------- I - -
Dated this the 24th September, 2025
JUDGMENT
M.B.Snehalatha, J When these matters came up for hearing today, the learned counsel appearing for both sides submitted that the dispute between the parties has been settled in the mediation held under the aegis of Mediation Centre, Ernakulam and a memorandum of agreement has been filed before this Court.
2. We have examined the memorandum of agreement and we notice that it has been signed by the parties and subscribed by their counsel. The terms of the agreement are lawful and therefore the settlement arrived at by the parties is accepted.
3. In view of the. settlement arrived at between the parties, Mat.A No.639/2020 and the claim in O.P.No.297/2016 of Family Court, Kozhikode are dismissed as withdrawn. The Cross Objection No.4/2023 in Mat.A No.639/2020 is also dismissed as withdrawn.
4. The parties are directed to act implicitly in terms of the memorandum of agreement and shall comply all the terms therein, Mat.A No.639/2020 & C.O.No.4/2023 4 2025 : KER: 71537 which do form part of this I.udgment.
Sd/-
DEVANRAMACHANDRAN, JUDGE Sd/-
M.B.SNEIIALATHA, JUDGE ab BEFORE ThE HONouFIABLE HiGH couRT oF IceRALA AT ERNAKULAM Mat ADDeal I\lo. 639 of 2020 A.C Kunhammad Appellant Saheera Ahammad : Respondent MEMORANDUM OF AGREEMENT UNDER SECTION 89 0F THE CODE OF CIVIL pfrocEDUFLE READ wiTH RULEs z4 a 25 OF THE KERALA civiL pROcEDURE (MEDIATION), FLULES, 2008:-
The matter is settled between the parties in the following terms:-
1. The claim of the appellant in Matrimonial Appeal and OP No.297/2016 of Family Court, Kozhikode are withdrawn.
2. The respondent withdraws the Cross Objection in this Matrimonial Appeal.
3. The amount due to the respondent as per the Orders of the jFCM Court-I, Kozhikode in MC No.31/2015 which was confirmed in Crl.Appeal No.227/2018 by the Addl.District and Sessions Court, Kbzhikode is hereby relinquished by the respondent. Against the said Order, Crl RP No.938/2019 is pending before this Hon'ble Court and the appellant agrees to withdraw the said Crl,RP.
4. The appellant agrees to issue the third Thalak to the respondent on or before 31/10/2025 and also to pay a sum of Rs.50,000/- (Rupees Fifty thousand only) forthwith towards the claim that may arise under Section 3 of the Muslim Women ( Protection of Rights on Divorce) Act.
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5. Both parties agree that there will not be any claim against each other in future, once the amount of Rs.50,000/-(Rupees Fifty thousand only) mentioned above is paid, and Thalak is pronounced and issued and this agreement is executed in full and final settlement of all the claims between the parties.
Dated this the 17th day of September, 2025.
Respondent
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Saheera Ahammad
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The above Settlement Agrieement is authenti Sri. Antony P.S (Mediator