Kerala High Court
G.Harikumar vs P.S.Keerthi on 4 July, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
Mat.A Nos.153, 183 & 184 of 2022 1 2025:KER:49207
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
FRIDAY, THE 4TH DAY OF JULY 2025 / 13TH ASHADHA, 1947
MAT.APPEAL NO. 153 OF 2022
AGAINST THE JUDGMENT IN OP NO.655 OF 2015 OF FAMILY
COURT, CHAVARA
APPELLANTS/PETITIONER:
1 G.HARIKUMAR
AGED 49 YEARS
S/O P. GOPINATHAN PILLAI,
RESIDING AT MAKKATTU VEEDU @ NARAYANEEYAM,
KOTTANKULANGARA WARD, CHAVARA VILLAGE, CHAVARA
PANCHAYAT, KOLLAM DISTRICT, PIN-690 524.
2 VIJAYAKUMAR,
AGED 76 YEARS
W/O P. GOPINATHAN PILLAI,
RESIDING AT MAKKATTU VEEDU @ NARAYANEEYAM,
KOTTANKULANGARA WARD, CHAVARA VILLAGE, CHAVARA
PANCHAYAT, KOLLAM DISTRICT, PIN-690 524.
3 JYOTHILAKSHMI,
AGED 47 YEARS
D/O P. GOPINATHAN PILLAI,
RESIDING AT MAKKATTU VEEDU @ NARAYANEEYAM,
KOTTANKULANGARA WARD, CHAVARA VILLAGE, CHAVARA
PANCHAYAT, KOLLAM DISTRICT, PIN-690 524.
BY ADVS.
SRI.K.JAGADEESH
SMT.V.RENJU
SHRI.NIKHIL K GOPINATH
Mat.A Nos.153, 183 & 184 of 2022 2 2025:KER:49207
RESPONDENT/RESPONDENT:
1 P.S.KEERTHI
AGED 35 YEARS
W/O HARIKUMAR, NOW RESIDING AT TRIPUNITHARA, HAVING
PERMANENT ADDRESS AT KEERTHI BHAVAN, THAZHUTHALA
CHERRY, KOTTIYAM P.O.ADICHANALLOOR VILLAGE, KOLLAM
DISTRICT, PIN-691 571
ADDL.R2 PRASANTH G
S/O. GOPINATHAN PILLAI, MADHAVA MANDIRAM,
PANMANA VILLAGE, KALARI MURI, PO CHAVARA,
KARUNAGAPALLY TALUK.
(IMPLEADED AS PER ORDER DATED 29.5.2025 IN
I.A.NO.1/2023 IN MAT.A NO.153/2022)
ADDL.R3 DEVANARAYANAN
S/O.G.HARIKUMAR NOW RESIDING AT THRIPUNITHURA ALONG
WITH HIS MOTHER, HAVING PERMANENT ADDRESS KEERTHI
BHAVAN, THAZHATHALA CHERRY, KOTTIYAM PO,
ADICHANGALLOOR VILLAGE,
(IMPLEADED AS PER ORDER DATED 5.6.2025 IN
I.A.NO.1/2025 IN MAT.A NO.153/2022)
BY ADVS.
SMT.UMMUL FIDA
SRI.C.IJLAL
SMT.NIMMY JOHNSON
THIS MATRIMONIAL APPEAL HAVING COME UP FOR HEARING ON
04.07.2025, ALONG WITH Mat.Appeal.183/2022, 184/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat.A Nos.153, 183 & 184 of 2022 3 2025:KER:49207
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
FRIDAY, THE 4TH DAY OF JULY 2025 / 13TH ASHADHA, 1947
MAT.APPEAL NO. 183 OF 2022
AGAINST THE JUDGMENT IN OPHMA NO.484 OF 2016 OF FAMILY
COURT, CHAVARA
APPELLANT/PETITIONER:
G.HARIKUMAR, AGED 49 YEARS
S/O.P.GOPINATHAN PILLAI,
RESIDING AT MAKKATTU VEEDU @ NARANEEYAM,
KOTTANKULANGARA WARD, CHAVARA VILLAGE,
CHAVARA PANCHAYAT, KOLLAM DISTRICT, PIN-690524.
BY ADVS.
SRI.K.JAGADEESH
SMT.V.RENJU
SHRI.NIKHIL K GOPINATH
RESPONDENT/RESPONDENT:
P.S.KEERTHI, AGED 35 YEARS,
W/O.HARIKUMAR, NOW RESIDING AT TRIPUNITHURA, HAVING
PERMANENT ADDRESS AT KEERTHI BHAVAN, THAZHUTHALA
CHERRY, KOTTIYAM.P.O, ADICHANALLOOR VILLAGE, KOLLAM
DISTRICT, PIN-691571.
BY ADVS.
SMT.UMMUL FIDA
SRI.C.IJLAL
SMT.NIMMY JOHNSON
THIS MATRIMONIAL APPEAL HAVING COME UP FOR HEARING ON
04.07.2025, ALONG WITH Mat.Appeal.153/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat.A Nos.153, 183 & 184 of 2022 4 2025:KER:49207
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
FRIDAY, THE 4TH DAY OF JULY 2025 / 13TH ASHADHA, 1947
MAT.APPEAL NO. 184 OF 2022
AGAINST THE JUDGMENT IN OP NO.21 OF 2015 OF FAMILY
COURT, CHAVARA
APPELLANTS/RESPONDENTS:
1 G.HARIKUMAR, AGED 49 YEARS
S/O. P. GOPINATHAN PILLAI, RESIDING AT MUKKATTU
VEEDU @ NARAYANEEYAM, KOTTANKULANGARA WARD,
CHAVARA VILLAGE, CHAVARA PANCHAYAT, KOLLAM DISTRICT,
PIN - 690524.
2 VIJAYAKUMARY, AGED 76 YEARS
W/O. P. GOPINATHAN PILLAI,
RESIDING AT MUKKATTU VEEDU @ NARAYANEEYAM,
KOTTANKULANGARA WARD, CHAVARA VILLAGE, CHAVARA
PANCHAYAT, KOLLAM DISTRICT, PIN - 690524.
BY ADVS.
SRI.K.JAGADEESH
SMT.V.RENJU
SHRI.NIKHIL K GOPINATH
RESPONDENT/PETITIONER:
1 P.S.KEERTHI, AGED 35 YEARS
W/O. HARIKUMAR, NOW RESIDING AT TRIPUNITHARA,
HAVING PERMANENT ADDRESS AT KEERTHI BHAVAN,
THAZHUTHALA CHERRY, KOTTIYAM P. O., ADICHANALLOOR
VILLAGE, KOLLAM DISTRICT, PIN - 691571.
ADDL.R2 DEVANARAYANAN,
S/O.G.HARIKUMAR, NOW RESIDING AT THRIPUNITHURA
ALONG WITH HIS MOTHER, HAVING PERMANENT ADDRESS
KEERTHI BHAVAN, THAZHATHALACHERRY, KOTTIYAM.P.O,
ADICHANALLOOR VILLAGE, KOLLAM DISTRICT,
PIN-691 571.
(ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 5.6.2025
IN I.A.NO.1/2025 IN MAT.A NO.184/2022)
Mat.A Nos.153, 183 & 184 of 2022 5 2025:KER:49207
BY ADVS.
SMT.UMMUL FIDA
SRI.C.IJLAL
SMT.NIMMY JOHNSON
THIS MATRIMONIAL APPEAL HAVING COME UP FOR HEARING ON
04.07.2025, ALONG WITH Mat.Appeal.153/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat.A Nos.153, 183 & 184 of 2022 6 2025:KER:49207
DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ.
-------------------------------------------
Mat.Appeal Nos.153/2022, 183/2022 & 184/2022
-------------------------------------------
Dated this the 4th day of July, 2025
JUDGMENT
M.B.Snehalatha, J Today, when these appeals came up for hearing, the learned counsel appearing for both sides submitted that the entire disputes between the parties have been settled and a joint memo has been filed before this Court.
2. We have examined the joint memo 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 joint memo filed by the parties before this Court, Mat.A No.153/2022 is dismissed; Mat.A No.183/2022 and Mat.A No. 184/2022 are disposed of subject to the following conditions:
i) The 1st appellant shall deposit an amount of ₹25 lakhs in the name of the 1st respondent within three months from today in E.P.No.18/2018 in O.P. No.21/2015 pending before the Family Court, Chavara as agreed to in Clause (I).
Mat.A Nos.153, 183 & 184 of 2022 7 2025:KER:49207
ii) It is recorded that the appellants have agreed to give up their claim over the property relating to sale deed No.3359/2007. Accordingly, Mat.A No.153/2022 stands dismissed by confirming the judgment and decree in O.P.No.655/2015 of Family Court, Chavara.
iii) On depositing the amount of ₹25 lakhs as agreed to in Clause (I) of the joint memo, the appellants are entitled to take necessary steps for lifting the attachment ordered in I.A No.49/2015 in O.P.No.21/2015, as agreed to in Clause (III) of the joint memo.
iv) On deposit of the amount, the 1st appellant and 1st respondent shall file a joint divorce petition before the Family Court, Chavara under Section 10A of the Indian Divorce Act, as agreed to in clause (V) of the joint memo.
v) Respondents are entitled to withdraw the amount of ₹25 lakhs from the Family Court, Chavara only after lifting the attachment over 13 cents of property obtained as per order in I.A No.49/2015 in O.P.No.21/2015 and after taking evidence in the mutual petition for divorce as agreed to in clause (VII) of the joint memo.
vi) On deposit of the amount of ₹25 lakhs as agreed to in Clause (I), the respondents shall withdraw all pending cases filed by them against the appellants as agreed to in Clause IV, VI, and IX of the joint memo. Mat.A Nos.153, 183 & 184 of 2022 8 2025:KER:49207 The parties are directed to act implicitly in terms of the memorandum of settlement agreement and shall comply all the terms therein, which do form part of the judgment.
Sd/-
DEVAN RAMACHANDRAN JUDGE Sd/-
M.B.SNEHALATHA JUDGE Mat.A Nos.153, 183 & 184 of 2022 9 2025:KER:49207 APPENDIX OF MAT.APPEAL 153/2022 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE PETITION IN OP(HMA) NO 1018 OF 2019 FILED BY THE 1ST APPELLANT AND THE RESPONDENT BEFORE THE FAMILY COURT, CHAVARA Annexure A2 TRUE COPY OF THE COMPUTER PRINTOUT OF CASE DETAILS IN OP (HMA) 1018 OF 2019 BEFORE THE FAMILY COURT, CHAVARA RESPONDENTS ANNEXURES: NIL Mat.A Nos.153, 183 & 184 of 2022 10 2025:KER:49207 APPENDIX OF MAT.APPEAL 183/2022 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE PETITION IN OP(HMA) NO 1018 OF 2019 FILED BY THE 1ST APPELLANT AND THE RESPONDENT BEFORE THE FAMILY COURT, CHAVARA Annexure A2 TRUE COPY OF THE COMPUTER PRINTOUT OF CASE DETAILS IN OP (HMA) 1018 OF 2019 BEFORE THE FAMILY COURT, CHAVARA RESPONDENTS ANNEXURES: NIL Mat.A Nos.153, 183 & 184 of 2022 11 2025:KER:49207 APPENDIX OF MAT.APPEAL 184/2022 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE PETITION IN OP(HMA) NO.1018 OF 2019 FILE BY THE 1ST APPELLANT AND THE RESPONDENT BEFORE THE FAMILY COURT, CHAVARA.
Annexure A2 TRUE COPY OF THE COMPUTER PRINTOUT OF CASE DETAILS IN OP(HMA) NO.1018 OF 2019 BEFORE THE FAMILY COURT, CHAVARA.
Annexure A3 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 13.06.2024 ISSUED BY THE MEDICAL OFFICER, BONE & JOINT CARE, KOLLAM RESPONDENTS ANNEXURES:
E= BEFORE "E HON'BLE HIcll COURT oF KERALA AT ERNAKULA`V] Mat ADB®al l\lo.163 Of 2022 AEIDoflants:
1. G. Harikumar , aged 53, S/a Gopinathan Pillal resiciing at Mu|tlcatthJ Veedui @ Narayaneeyam , Kottankulengafa Ward, Chavara village, Cllavara Panchayath, Kollam District. Pin-690524.
2.mauT##mTife=#fa:;:i::':R:::ENTELEN#Yc# Panchayath, Kollam District. Pin- 690524
3. Jyothilakshmi , aged 49 years, D/o Gopinathan Pillal residing at Mukkatttu Veedu, @ Narayaneeyam , Kottankulangara Ward, Chavara VIllage, Chavara Panchayath, Kollam District. Piri-690524 Vs. FtesDondents:
1. P.S Keerthi , aged 38 years, W/o Llarikumar, now residing at Trippunthura I-Javing permanent address at Keerthi Bhavan, Thazh`Itha`a Cherry, Kotiyam PO, Adichanalloor Village, Kollan District, Pin-691571.
2.%.pr&faqufa,###k,£uAj£;!atffi/##fi+.®#,#:.fnedfran,Fho~
3. Devanarayanan, son Of G. Harikumar, Now Residing at Thripunthura along #.
with His Mother, Having Permanent Address Keerthi Bhavan, Thazhathala Cheny, Koniyam.P.O. , Adichangalloor vIllage.
+ |Aa( Appeal No.183 Of2022
ADDellanto:
a. Harikumar , aged 53, S/o Gopinathan Pillai residing at Mukkatttu veedu, @ Narayaneeyam , Kottankulangara Ward, Chavara Village, Chavara Panchayath, Kollam District Pin- 690524 v:%rtystpr a?- Scanned with OKEN Scanne ResErondrfu:
1.ELpr;:k::=#:::£:rsalLtrffi#i,#+=:£i###;Z#:
PO, Adichanalloor VIllage, Kollan District, Pin+ 691571.
And Mat Appeal No.184 Of 2022 IAlroellants:
1. G. Harikumar, aged 53, S/o Gopinathan Pillai residing at Mukkatttu veedu. @ Narayaneeyam , Kotfankulangara Ward, Chavara VIIlage, Chavara Panchayath, Kollam District. Pin-6sO524.
2.Vrayakumari,aged80years,WfoGopinathanPilfariresidingatMukkat+tt`tttu Veedu, @ Narayaneeyam , Kotfankulangara Ward, Chavara VIllage, Chavara Panchayath, Kollam District. Pin- 690524 Vs. Respondents:
1. P.S Keerthi , aged 38 years, W/o Harikumar. now residing at Trippunthura Ha\ring permanent address at Keerthi Bhavan, Thazhuthala Cherry, Ifottiyam PO, Adichanaltoor VIlfage, Kolho District, Pin-691571.
2. Devanarayanan, son Of G. Harikumar, Nowr Residing at Thripunithura along with His Mother, Having Permanent Address Keerthi Bhavan, Thazhathafa Cheny, I(ottiyam.P.O„ Adichangalloor Village.
JotNT MEMO FILED BY THE PARTIES IN "E ABOVE APPEA_I
1. The appellant has preferred Mat. Appeal No.153 Of 2022 to set aside the judgment and decme dated 28.02.2018 in O.P No. 655 Of 2015 Of the Family Court, Chavara. The above O.P was filed by the appellants against the ex!. Scanned with OKEN Scanner respendent for declaration that sale deed No. 3359 of 2oo7 dated 26.09.2007 Of Chavara Sub registry executed by the appeiiants in favour Of the respondent is without consideration and only as trustees and is a Sham dooument, which was dismissed.
2. The appellant has preferred Mat. Appeal No. 183 of 2o22 against the judgement and decree dated 28.02.2018 [n 0.P (HMA) No. 484 of 2016 0n the files of the Family Court, Chavara. The above oP was filed by the appellant for dissolution of marriage with the respondent on the ground Of desertion and cruelty, which was dismissed.
3. The appellant has preferred Mat. Appeal No. 184 of 2022 against the judgment and decree dated 28.02.2018 in OP No. 21 Of 2015 on the files of the Family Court, Chavara. The OP was filed by the respondent for return of gold ornaments. patrimony and a car. The above OP was allowed jn part allowing recovery of 87.15 sovereigns of gold ornaments or value of Rs. 17'60'430/..
4. During the pendency of tlie Matrimonial Appeals. the appellants and the respondents has arrived to a settlement on following terms:
I. The 18t appellant agreed to deposit an amount of Rs. 25 Iakhs ITwenty- Five lakhs) in the name of the first respondent in the proceedings pending as E.P No 18 of 2018 in OP No. 21 of 2015 before the Family Court, Chavara. The said amount will be considered as full and final settlement amount towards all disputes in connection with the matrimonial issues with nespondent§. The lct appellant agrees to deposit the said amount within three months from the date of order with regard to the joint memo from this Hon'ble Court in these Matrimonial appeals.
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11. The appellants agree to give up their claim over the property relating t° Sale deed No. 3359#007 dated 26-9-2oo7 of chavara SRO which is the Subject matter in Mat. Appeal No,153 of 2o22 arid is ready dose the appeal recording the same.
Ill. The appellants agree to make the application for I.rung the attachment over 13 cents Of property with house in Re.sy No. 439/3.8 of Chavara VIllage obtained by the respondent in lA No. 49/ 2015 in OP NO. 21/2015 on the same day of depositing amount.
IV. On the deposit Of the amount the respondents agree to withdraw all the pending cases filed by them in the courts below against the appellants. The respondents further agrees that no monetary claims will be raised against the appellants in further based on the matrimonial status.
V. On deposit of the amount the first appellant and the first respondent agreed to file a mutual petition for divorce on the same day. Both fust appellant and the first respondent agreed to cooperate for moving petition to waive statutory period and obtain decree as early as possible.
Vl. The respondents agree to withdraw the M.C No. 7/2016 pending before the Grama Nyayalayam, Chavara, C.C. No. 2741 of 2015 pending before the JFCM Chavara, C.C. No. 58A2019 pending before jFCM Chavam,` O.P. No. 226 Of 2023 pending before Family Court, Chavara by fi«ng appropn.ate applications based on this memo. The respondents futher agree to make the application for Vuthdrawal of the above cases based on this memo wi(hin one week from the deposit of the amount by the appellants.
J CE:: Scanned with OKEN Scanner VIl. The respondents shall withdraw the amount deposited by the appellants in E.P No 18 of 2018 before the Family Court, chavara only after lifting tlle attachment over 13 cents of property with house in Re.sy No. 439fr 8 of Chavara VIIIage obtained by the respondent in IA No. 49/ 2015 !n OP No. 21n015 and after taking evidence in the mutual petition for divorce filed by them and filing the withdrawal applications in all the pending cases between the parties.
Vlll. The respondents agree that the amount Rs. 25 lakhe ITwerty-Five) deposited will be considered towards the full and final settlement of all the disputes between the appellants and the respondents, including the full satisfaction of the judgment and deoree dated 28.02,2018 in OP No. 21ra015 on the flles of the Family Court, Chavara. The respondent agree to close the E.P No 18 Of 2018 before the Family Court, Chavara on the receipt of the amount. The respondents and his son Devanarayanan shall not raise any financial or other claims against the appellants or their properties in future.
lx. The appellants agree that based on the applications for wthdrawal made by the resp6ndents in M.C No. 7/2026 pending bofore the Grama Nyayalayam, Chavara, CC No. 2741 Of 2015 pending before the JFCM Chavara, CC No. 58/2019 pending before JFCM Chavara, OP No. 226 of 2023 pending before Family Court, Chavara, the cases need to be closed only on the receipt Of the amount by the respondents. The respondents agrees that they are ready to give an affidav.It expressing their no object.on in quashing the Case on receipt of the settlement amount as per the settlement. The respondents agree to make their Presence before the concerned courts in the above cases to record their no objection to conclude the proceedings.
Cii. Scanned with OKEN Scanner X. The appe``ants and respondents agree that the above terms are to be Completed within four months from the date of order of this Hon'ble court.
5, ln the view Of the settlement arrived between the parties as stated abovei theappellantsandtherespondehtsarefilingthisjoiutmemo.Afterfutfilling the terms of settlement and reporting the same by the parties before this Hon'ble Court , this Hon'ble court may be pleased to close the Mat. APpeal No. 153 Of 2022, Mat. Appeal No.103 Of 2o22, Mat. Appeal No.184 0f 2022.
Dated this the 18th day Of June 2025.
Appel'ants R®si)ondents
1. G. Harikumar 1. P.S Keerthi
2. Vijayakumari
EFEEEEE|EL 2. Devanarayanan
Counsel for th pondent
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