Kerala High Court
Ajit Nair vs Remya Sidha Ranjit Kumar Alias Remya R ... on 13 August, 2021
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque, Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 137" DAY OF AUGUST 2021 / 22ND SRAVANA, 1943 MAT.APPEAL NO. 1163 OF 2018 AGAINST THE COMMON JUDGMENT DATED 13-07-2018 IN OP 1888/2013 OF FAMILY COURT, THIRUVANANTHAPURAM APPELLANT/PETITIONER TIN THE OP: AJIT NAIR, AGED 38 YEARS, SON OF RADAHAKRISHNAN MADHAVAN NAIR, FLAT 18 H, ESTONIA BUILDING, OLIVE COURTYARD, EDACHIRA, KAKKANAD, ERNAKULAM, PIN CODE- 682030. BY ADVS. K.MEERA SRI.BOBY MATHEW RESPONDENT/RESPONDENT IN THE OP: REMYA SUDHA RANJIT KUMAR-ALIAS-REMYA R.KUMAR, AGED 30 YEARS, DAUGHTER OF S.RANJIT KUMAR, NARAYANAM HOUSE, KP VIII/376, NO,29 NCC NAGAR, PEROORKADA P.O., THIRUVANANTHAPURAM, PIN CODE- 695005, NOW RESIDING AT FLAT 11 E, TRINITY HIGH GROVE, OPP MODEL ENGINEERING COLLEGE, THRIKKAKARA, ERNAKULAM, PIN CODE- 682020. BY ADVS. SRI.G.UNNIKRISHNAN SRI.K.SANEESH KUMAR THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 13.08.2021, ALONG WITH Mat.Appeal.855/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mat .Appeal Nos.855 and 1163 of 2018 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 137 DAY OF AUGUST 2021 / 22ND SRAVANA, 1943 MAT.APPEAL NO. 855 OF 2018 AGAINST THE COMMON JUDGMENT DATED 13-07-2018 IN OP 1493/2014 OF FAMILY COURT, THIRUVANANTHAPURAM APPELLANT/PETITIONER IN THE OP: AJIT NAIR AGED 38 YEARS SON OF RADHAKRISHNAN MADHAVAN NAIR, FLAT 18 H, ESTONIA BUILDING, OLIVE COURTYARD, EDACHIRA, KAKKANAD, ERNAKULAM, PIN CODE - 682 030. BY ADVS. K.MEERA BOBY MATHEW RESPONDENT/RESPONDENT IN THE OP: REMYA SIDHA RANJIT KUMAR ALIAS REMYA R KUMAR AGED 30 YEARS DAUGHTER OF S.RANJIT KUMAR, NARAYANAM HOUSE, KP VIII/376, NO.29 NCC NAGAR, PEROORKADA P.O., THIRUVANANTHAPURAM, PIN CODE - 695 005, NOW RESIDING AT FLAT 11 E, TRINITY HIGH GROVE, OPP. MODEL ENGINEERING COLLEGE, THRIKKAKARA, ERNAKULAM, PIN CODE - 682 020. BY ADVS. G.UNNIKRISHNAN M.JAYAKRISHNAN THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 13.08.2021, ALONG WITH Mat.Appeal.1163/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mat.Appeal Nos.855 and 1163 of 2018 JUDGMENT
A.Muhamed Mustaque,J.
These matters are taken up together as parties in both the cases are same. Mat. App. No.855/2018 is filed by the husband against dismissal of his petition for divorce. He atso filed Mat. App. No.1163/2018 aggrieved by the order passed in application for custody and guardianship of his minor children.
2. The parties resolved their disputes amicably and decided to separate by divorce on mutual consent. With regard to custody and maintenance also they have resolved the disputes. A compromise petition has been filed before this Court. Parties also filed an application under Section 13B of the Hindu Marriage Act, 1955 for divorce under mutual consent. Parties appeared before us ontine. Having interacted with them, they are firm in their decision to separate by divorce on mutual consent. The parties are living separately for more than twelve years. Both parties Mat.Appeal Nos.855 and 1163 of 2018 4 are well educated. Their decision to separate, according to us is bonafide. Acting upon their petition for joint divorce, we grant a decree of divorce. Accordingly, marriage between the parties; Ajit Nair and Remya Sudha Ranjit Kumar alias Remya R. Kumar solemnized on 30-05-2004, is dissolved by the decree of divorce. With regard to custody and maintenance, both parties have agreed to abide by terms of settlement. The terms of settlement will form part of the judgment. Accordingly, both cases are disposed in terms of settlement.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
DR. KAUSER EDAPPAGATH JUDGE SSK/13/08 Filed: .08.2021 a -
_ BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM LANo. - of2021 In Mat.Appl.No. 1163 of 2018 Ajit Nair Appellant Remya Sudha Ranjit Kumar @ Remya R Kumar Respondent
0.F =e SL L bt \ hea, \v COMPROMISE PETITION FILED UNDER ORDER 23 RULE 2 OF THE C.P.CODE Adv Meera K (M202) Counsel for the Appellant I BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM LANo. DP of 2021 In Mat.Appl.No. 1163 of 2018 Ajit Nair Appellant Remya Sudha Ranjit Kumar @ Remya R Kumar Respondent Compromise Petition filed under Order 23 Rule 3 of the Code of Civil Procedure, 1908
1.The Matrimonial Appeal is filed challenging the order of the Family Court Thiruvananthapuram whereby the Family Court declined the permanent custody of the two minor children to the appellant and granted only visitation rights.
2. The marriage between the appellant and respondent was solemnized on 30.05.2004, Out of the wedlock two female children named Gauri Ajit Nair and Aparna Ajit Nair were born on 12.05.2006 and 18.04.2008 respectively.
3. The appellant had filed O.P.No.1493/2014 for divorce and O.P.No.1888/2013 for getting permanent custody of the two minor children before the F amily Court, Thiruvananthapuram. In O.P.No.1493/2014 the respondent had raised a counter claim for restitution of conjugal rights. The Family Court as per common judgment dismissed O.P.1493/2014 and allowed the counter claim for restitution of conjugal rights and O.P.NO.1888/2013 was dismissed but granting the visitorial rights of the children to the appellant. Challenging the judgment in O.P.No.1493/2014 the appellant has filed Mat.Appeal 855/2018 and challenging the judgment in O.P.No.1888/2013 Mat.Appeal 1163/18 has been filed. The appellant and the respondent have compromised all the disputes pending between them and they have filed a joint petition in Mat.Appeal No.855/2018 under Section 13B of the Hindu Marriage Act, 1955.
4. The appellant and the respondent have reached an understanding regarding the custody of minors Gauri Ajit Nair and Aparna Ajit Nair taking into consideration their welfare and security on the following terms and conditions:
ey 2 [i] The respondent/mother shall have the right of permanent custody of the two minor children while the appellant/father shall remain the natural guardian, {ii} The appellant/father shall have the visitation right of the children during the Second Saturday of every month from 10.00 a.m. to 5.00 p.m. The appellant shall pick up the children from the house of the respondent in Thiruvananthapuram and drop back the children in the house of the respondent. In case the visitation of the appellant is not possible on the Second Saturday of a particular month due to any reason, the same shall be communicated to the opposite party with sufficient notice, at least before a week and vice versa, and in such case the visitation of the appellant will be taken on the subsequent Saturday or Sunday of the same month.
[iti] The appellant shail have the interim custody of the children during the school/college Summer, Onam and Christmas breaks. The interim custody of the children during the Onam and Christmas holidays shall be half of the number of Onam or Christmas holidays. The father shall have uninterrupted custody of the children for thirty days during their school/college summer vacation. In case one of the daughters is in school or college (or both are in college) the interim custody shall be split based on their respective holiday breaks. The appellant shall pick up the children from the house of the respondent at 10.00 a.m. on the first day and drop them back in the house of the respondent before 5.00 p.m. on the last day. .
[iv] During the interim custody period the documents of the children (ie. Aadhar and/or Passport), in case needed, shall be made available to the appeliant for the travel purpose of the children. The appellant shal! return back the documents so received, to the respondent when the children are brought back to the house. The appellant shall, in case the children are being taken out of Kerala for travel, let know the respondent the destination to which he is taking the children.
[v] The appellant agrees to pay an monthly maintenance of Rs.15,000/- each, totaling to Rs.30,000/- [Rupees Thirty Thousand only] to the children. The said amount of Rs.15,000/- to each child shall be paid until each of them is either employed or married. [vi] The appellant agrees that the monthly maintenance shall be subject to review and revision for an incremental change, once each child completes the school (ie.12™ standard) and enters college, taking into consideration the inflation rates and increased expenses related to demands of higher education.3
[vii] The appellant/father shall take care of all expenses related to the education of both the children in India, till they complete their education acquired through merit seats, as per their choice.
[viii] Both the parties agree that, in case the children procure admission to foreign universities for their higher education through qualification tests with university aids, the additional financial support needed towards their education shall be equally shared. [ix] The appellant shall pay the medical expenses of both the children and shall continue to pay the premium of the medical insurance policy of the children covering their hospitalization and treatment till they are employed or married. [x] The appellant agrees to execute a gift deed/sale deed in respect of the property mentioned below in the names of both the minor children represented by him as the natural guardian.The transfer of the property is for using the sale proceeds from the sale of the property, in case the need arises, for their educational expenses (non-merit seat admission), marriage expenses or for the welfare/security of the children, Details of the property being transferred:
District: Kottayam Taluk : Changanacherry Village: Vazhoor Block : 23 Sy.No& Area: (i) Sy.No.24/13 - 4.38 ares
(ii) Sy.No.24/13-1 - 2.2 ares
(iii) Sy.No.24/14 - 2.0 ares
(iv) Sy.No.24/9 = -4,10 ares Total 12.50 ares [xi] Both the parties agree to abide by the terms and conditions mentioned above.
Hence it respectfully submitted that the compromise petition may be accepted by this Hon'ble Court and the matrimonial appeal be disposed of in terms of the compromise. Dated this the 2" day of August 2021 Spy ae Ajit Nair Remya Sudha Ranjit Kumar Appellant @ Remya R Kumar Respondent [et fe Counsel for the appellant Counsel for the respondent Va G-Und shnoa [vg Meera- K/t43 184 Kk) se4] 199 Filed: N .08.2021 BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM LA.No. 3 of 2021 In Mat.Appl.No. 855 of 2018 Ajit Nair 1* Petitioner/Appellant Remya Sudha Ranjit Kumar @ Remya R Kumar 2" Petitioner/Respondent ak Sz wt os LL+ Copy Ssaplr PETITION FILED UNDER SECTION 13B OF THE HINDU MARRIAGE ACT 1955 Adv Meera K (M 262) BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM L.A.No. % of 2021 Mat.Appl.No. 855 of 2018 First Petitioner Ajit Nair, s/o of Radhakrishnan Madhavan Nair, aged 46 years, Flat No.18H, Estonia Building, Olive Courtyard, Edachira, Kakkanad, Emakulam -- 682 030 Second Petitioner Remya Sudha Ranjit Kumar @ Remya R Kumar, d/o S.Ranjit Kumar, aged 38 years, Narayanam House, KP VIII/376, No.29 NCC Nagar, Peroorkada P.O., Thiruvananthapuram -- 695 005 PETITION FILED UNDER SECTION 13B OF THE HINDU MARRIAGE ACT 1955
1. The petitioners are Hindus governed by the Hindu Marriage Act 1955.
2. The marriage between the 1* and 2™ petitioner was solemnized on 30.05.2004 as per the religious rites and ceremonies at Thiruvananthapuram. Out of the wedlock two female children named Gauri Ajit Nair and Aparna Ajith Nair were born on 12.05.2006 and 18.04.2008 respectively.
3. The 1* petitioner had filed O.P.No.1493/2014 for divorce and O.P.No.1888/2013 for getting permanent custody of the two minor children before the Family Court, Thiruvananthapuram. In O.P.No.1493/2014 the 2™ petitioner had raised a counter claim for restitution of conjugal rights. The Family Court as per common judgment dismissed O.P.1493/2014 and allowed the counter claim for restitution of conjugal rights and O.P.NO.1888/2013 was dismissed but granting the visitorial rights to the 1* petitioner. Challenging the judgment in O.P.No.1493/2014 the 1* petitioner has filed Mat. Appeal 855/2018 and challenging the judgment in O.P.No.1888/2013 Mat.Appeal 1163/18 has been filed.
4. Pending the appeal the attempts of the relatives and well-wishers of the petitioners could not succeed in patching up their differences. The relationship of the petitioners has been stramed on account of the incompatibility of their temperaments. Now it has become clear to Ayre 2 then that-the--marriage--relationship between--them --has~-irretrievably--broken-down:- Fhe -----
petitioners are living separately since 2012. They are perfectly convinced that there is no scope for them to live together as husband and wife and it is better in the interest of both of them to seek for dissolution of marriage by mutual consent. The petitioners are withdrawing all the allegations raised by them in the matrimonial proceedings. The petitioners are also filing a compromise petition in Mat.Appeal No.1163/2018 regarding the interim custody/visitation rights of the minor daughters.
5. The petitioners hereby give mutual consent for the dissolution of marriage between them. The 24 petitioner agrees that she will not claim any maintenance against the 1" petitioner and the parties have settled all other claims against each other and they will not have any further claim against each other. The consent is voluntarily made and there is no compulsion from any source for giving it. There is no collusion or connivance between them in presenting this petition.
6. The cause of action for the petition arose on 30.5.2004 the date on which the marriage took place, on 29.4.2012 the date from which the parties started to live separately.
~ 7, Therefore it is humbly prayed that this Honourable Court be pleased to pass a decree dissolving the marriage between the 1° and 2" petitioner under Section 13B of the Hindu Marriage Act 1955.
Dated this the 2"4 day of August 2021 4 ' --
Nay t= R= Ajith Nair Remya Sudha Ranjit Kumar 1* petitioner Remya R Kumar 2" petitioner All the facts stated above are true and correct to the best of our knowledge, information and belief. yo .
Rep XS Ajith Nai Remya Sudha Ranjit Kumar 1* petitioner @ Remya R Kumar 2" petitione [Mere | TK [43 194 Adv Meera K Adv G.Unnikrishnan [.v-197 Counsel for the 1* petitioner Counsel for the 2™ petitioner