Kerala High Court
Biju Raphel vs Anjana Biju Thattil on 30 August, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN & THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA FRIDAY, THE 307" pAY OF AUGUST 2024 / 8TH BHADRA, 1946 P_ (FC) N 655 OF 2023 AGAINST THE ORDER IN I.A.4/2023 IN OP NO.1519 OF 2021 OF FAMILY COURT, IRINJALAKUDA PETITIONER/RESPONDENT/RESPONDENT : BIJU RAPHEL AGED 59 YEARS S/O. MK. RAPHAEL, THATTIL HOUSE, IRINGADAPPILLY TEMPLE, KALLETTUMKARA P.O, MUKUNDAPURAM TALUK, THRISSUR, PIN - 680683 BY ADVS. KARTHIKA MARIA SANTHOSH MATHEW ARUN THOMAS ABI BENNY AREECKAL ANIL SEBASTIAN PULICKEL MATHEW NEVIN THOMAS KURIAN ANTONY MATHEW SHINTO MATHEW ABRAHAM DIANA LAURANCE PAUL RESPONDENTS /PETITIONER/PETITIONER i 1 ANJANA BIJU THATTIL D/O. BIJU RAPHEAL, BMP-95, FIRST FLOOR, THATTIL HOUSE, 14TH CROSS, BATRASANDRA ROAD, GM PALYA, NEW THIPPASANDRA P.O., BANGALORE, PIN - 560075 2 ADDL. R2. MARIYA BIJU THATTIL B MP-95, THATTIL, 14TH CROSS, BYRASANDRA ROAD, P_ (FC) N 655 OF 2023 2 G.M.PALAYA, NEW THIPPASANDRA.P.O, BANGALORE - 560075. 3 ADDL.R3-SOFY BIJU B MP-95, THATTIL 14TH CROSS, BYRASANDRA ROAD, G.M.PALAYA, NEW THIPPASANDRA.P.O, BANGALORE - 560075. (ADDL.R2 & R3 ARE IMPLEADED AS PER ORDER DATED 12/08/2024 IN IA NO.2/2024 IN OP(FC) 655/2023.) BY ADVS. EBIN MATHEW P.J.MATHEW (K/203/1985) AKHILA SHOJI (K/000593/2017) SMT AKHILA SHOJI THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 30.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P F 655 OF 2023 JUDGMENT
DEVAN RAMACHANDRAN (J) When this matter was called today, the learned counsel on both sides were ad idem that all the disputes between the parties were discussed and settled, leading to a Memorandum of Settlement being signed by them.
2. However, Smt.Karthika Maria - learned counsel for the petitioner, submitted that, though she is not against the compromise in any manner and though her client had signed it with full volition, she is unable to subscribe to it because, he misbehaved with her subsequently and refused to honour her legal expenses.
3. In fact, 'Sri.Biju Raphel - the petitioner was present in person and he also affirmed unequivocally that he has signed the 2024:KER: 67031 P_(F N 655 OF 2023 4 Memorandum of Settlement, and further that he will act as per its terms without fail. 4, We have examined the Memorandum of Settlement and since all the parties have Signed to it and adverting to the factum of the learned counsel for the respondent having subscribed to it, we are sure that the same can be now allowed to be given effect. This is more so because, the learned Mediator has attested the settlement, as being genuine and valid. In the afore circumstances, we see no reason not to accept the Memorandum of Settlement on between the parties. This Original Petition is thus disposed of in terms of the Memorandum of Settlement between the parties dated 09.08.2024, notwithstanding that it has not been signed by the learned counsel for the petitioner; thus directing the parties to act as per its terms without fail. For this 2024: KER: 67031 P_(F N 655 _ OF 2023 5 purpose, the copy of the said Memorandum will stand appended as the part of this judgment. Sd/-
DEVAN RAMACHANDRAN JUDGE Sd/-
M.B. SNEHALATHA JUDGE SAS P_ (FC) N 655 OF 2023 APPENDIX OF OP (FC) 655/2023 PETITIONER'S EXHIBITS Exhibit. Pl TRUE COPY OF THE I.A NO.4 OF 2023 IN O.P NO. 1519 OF 2021 PENDING BEFORE FAMILY COURT, IRINJALAKUDA ALONG WITH THE TRANSLATION Exhibit. P2 TRUE COPY OF THE OBJECTIONS FILED BY THE PETITIONER HEREIN IN I.A NO. 4 OF 2023 IN O.P NO.1519 OF 2021 PENDING BEFORE THE FAMILY COURT, IRINJALAKUDA ALONG WITH THE TRANSLATION Exhibit. P3 CERTIFIED COPY OF THE ORDER DATED 20.09.2023 IN I.A NO. 4 OF 2023 IN O.P NO.1519 OF 2021 Exhibit P4 TRUE COPY OF THE 0.P NO. 1519 OF 2021 PENDING BEFORE THE FAMILY COURT, IRINJALAKUDA RESPONDENT EXHIBITS Exhibit R1 (a) A true copy of the I.A. 1 of 2020 in 0.P.1113 of 2017 before the Family Court Exhibit R1 (b) A true copy of the discharge summary of the respondent dated 11/05/2024 Exhibit Rl(c) series A true copy of the bill for jewellery purchased from Josco Jewellery dated 15/09/2023 Exhibit R1(d) A true copy of the bill for jewellery purchased from Caratlane Trading Pvt Limited dated 18/09/2023 Exhibit R1(e) A true copy of the bill for jewellery purchased from Swarovski dated 03/09/2023 Exhibit R1(f) A true copy of the bill for jewellery purchased from Beyond Demand Luxuary Retail LLP dated 23/08/2023 Exhibit R1(g) A true copy of the bill for purchasing cloths QOP_ (FC) NO. 655 OF 2023 Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit R1(p) Exhibit R1(q) Exhibit Exhibit R1(s) Ri (h) Ri (i) R1 (3) R1 (k) R1 (1) R1 (m) R1 (n) Ri (0) R1 (r) 7 for wedding 13/08/2023 A true copy for wedding 07/09/2023 A true copy for wedding A true copy for wedding A true copy for wedding 07/09/2023 A true copy for wedding 25/08/2023 A true copy for wedding 13/08/2023 from Jayalakshmi Silks dated of the bill for purchasing cloths from Salonee Silks N Cotton dated of the bill for purchasing cloths from ethereal dated 14/08/2023 of the bill for purchasing cloths from Ethereal dated 16/08/2023 of the bill for purchasing cloths from Milan fashions dated of the bill for purchasing cloths from Milan Designs dated of the bill for purchasing cloths from Jayalakshmi Silks dated A true copy of the bill for purchasing cloths for wedding from Khadi gramodyog Bhavan dated 25/08/2023 A true copy of the bill issued by the photographer dated nil A true copy Parish Hall of the bill for booking the for reception dated 25/09/2023 A true copy of the bill for booking the banquets hall in chola Farm resorts for reception dated 12/09/2023 A true copy of the bill for providing amenities in the banquet hall dated 25/09/2023 A true copy of the bill for;Eventry Events; event management dated 24/09/2023 OP_ (FC) N 55 OF 2023 Exhibit R1(t) Exhibit R1(u) A true copy of the bill for providing accommodation to relatives in Hotel Elite Palazzo dated 23/09/2023 A true copy of the bill for gifting Almirah to the petitioner dated 24/10/2023 (HIGH ce RY HALL) -
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- . - Co ae ihe referral onder oie SF be, ® = Hg Court uf Kerie. . a 3. Copy ef an <= the Pebeon, " S nes BEFORE THE HONOURABLE HSH COURT OF KERALA AT ERNAKRULAM OPCFC) Ne 635 of 2022 een Silu Raphel . Petitioner Anana Blu Thartl & Ors. Respondents ADDY. MATHEW KURIAKOSE Macdiated, matter is settled, Memorandum of settlement signed by the parties and their coursel is fonwvarded herewith.
Dated this the O° day of August, 2024. x UE as Ph Ady. Mathew EKuslakose Mediator Erakulam Mediation Centre BEFORE THE HONOURASLE HIGH COURT QF KERALA AT ERNAKULAM OP(FO) No 685 of 2023 Bilu Raphe! : Petitioner Anjana Bu Thettl & Ors, eee wa Respondents MEMORANDUM OF SETTLEMENT FILED UNDER SECTION 898 OF THE CORE OF SUV. PROCEDURE READ IWITH RULES 34 © 25 OF THE CIvEL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION), RULES, 2008 3 was Retitioner Mr Blu Aled before the Eparchial Tribunal, frinjalakuda a case for diverce from Respondent No.3. Ms Sofy The same is pending consideration For an amicable settlement of all outstanding disputes between the Parties, Ms, Sofy shall within a reasonable time of 3 mnths from the date of execution of this agreamant executes all necessary docurmientsfanglicalians as may "be required to be submitted before the Eparchial Tribunal, finielakuda. Ms. Sofy shall aise be physically present for all hearings, as an when called fo:
the necessary documents and / or applications or absents herself for any reason at any of the hearings, the same shall be construed as & default fram the end of Ms. Safty. Fatitioner a Respondents
4 s 3. > PRelae my POs i. Amiana Sih Thattil .
% Sddil Re. Mariya Bdu Thatel AdALRA, Sofy Agu Ese Ad All pending Htigations Nied by Parties against each other, including £5 CriMisc/2 52/2020 case fled by the Reseondents Sofy, Aniana and Mariya before the Metropolitan Magistrate (Traffic Court i-Sangaiore, the case Aled by Sofy challenging the ex-parte decree of divorce in ORMOLLISSeOL? before the Family Court-Irimialakucda, and the case Med by Aniana befors the Family Court-lrinialekuda for mariage expenses, OR No.l Slay202) shall be withdrawn by them wi wees I5 days from the date of execution of this agreement. similarly. Petitioner Bihu shal withdraw the case OS. No 26871/2022 Aled before the Additional City Civ and Sessions Axige NV, Bangalore for miunetion., Notwithstanding the above, the case fled by Siu before the Esarchial Tribunal, ininieiskudsa for divarce from Ms Sofy shall mat be wit thdrawn, but shall continue unt grant of Divorce under the provisions of the personal law apgicable to the parties for securing divarce which Ms. Sofy shall fully cooperate as indicated in clause 1 abave, Mr, Buu shall execute a settiement deed within @ period of three months from today with ressect to the oroperty at Sangalore, me ing T2380 square feet and a three storied bulding thereon nisted in Sy.4694 of Hosathingasandra Vilage, Bangalore District and the proportionate undivided share in the praperty wherein the said bBullding is situated (herein after referred to as this building} in the folowing manrien-
Petitioner Raspancdents i. Arana Buu Thekths Addi Re. Mariya Bua TI a.
Rs The ground Noor of the Bullding except the Main bed roan therein focated at the south western side wl be settled in por favour of Mariya. Buu wil retain the Main bed room located at the south western side on the ground floor adiacent to the car porch during Ais HYe thine. This partion wil devolve upon Mariya after the lifetime of Bilu.
5. The First Hoar of the Budding except the guest roam wih be sattied in favour of Mariya. The guest room on the first Soar located at the south western side will be settled in favour of Aniang arn wil be rented out and the rental incame as received will be taken towards maintenance of Mariya and Sofy in case Sofy remarries. her right ta rental income wil be ceased from the date of such remarriage. «. The Second floar of the Bullding wil be devolved in favour of Anjana to be enjoyed by her after the Hfetime of Biju. Except the quest roar on the South West on the second floor, Blu wil have the right to use or nsnt out all portions of the secand Moor during his Hfetime. The guest roar on the Second floor io¢ated at the south western side wil however in the meantine be rented out and the rental income as received will Be taken towards maintenance and other expenses af Sofy and Mariya. In case Sofy remarries, her right to rental incame will be ceased from the date of such remarriage Petitioner a Respondents Siu Raphel | 3, Aniana Bhu That - $s us wile ad. Ms. Sofy, Aniana and Mariya shall have rights to the vehicie parking space in the land during Biu's Ife time and without "ausing any incanvenience for Blu to park his vehicle therein wherever he is staying in the portien of the building, se. in wiew of the terms at sub clauses a, b,c & d above, there will nat be any further claim to maintenance from Sofy ar Mariya and against Bil.
f. ff Ms. Sofy remarries, then, she will not have any rights on the oropertyfassets and she must vacate the premises and .
yracincts immediately.
Ms. Sofy, Ms. Anjana & Ms. Mariya on one part and &llu on the other oart hereby agree that they shall not in future raise any claim on any other assets/property owned by Bilu Raphel, other than what is allowed and specified herein and in the consequent settlement deed. XN Ms. Sofy hereby issued a letter addressed to () the Naval Pension CMfice Mumbai, (0 the Command Regimental System Office, Koch), Gi} Zia Sainik Welfare Office, Thrissur, Gv) Directorate of Ex- Sarvicamen Affairs, New Delhi, and (v} to Biiu st ating in clear and uneguivacal terms that she is withdrawing the application to set aside the decree of divarce in OP No YL11S/2017 before the Family irinjalakude and Cri Misc No.U52/2020 before the Metropolitan Maqistrate( Traffic Court-!) Bangalore. Patitioner - Respondents es eet rows } N Siu Raghe! i, Anjana Buu There AddLAS. Mariya Bu Thatth &. caggnstN) AN a RS, a BanGaye Rag'. BS ene a Real 6S 48 Hee o y, tren Ba we The spare key of the ground floor gate and 1° be handed over to Blu and Ais tenant representative. Norm-adherence to this condition shall be visited with penal
-onsequences for every hour of delay at the rate of Rs. 10,000/ per $s _ Ms. Sofy. Anjana and Mariya shall not raise any claim on Biju's house hold articles, including as furniture's, TY, fridge, Wima chins, Ny water Alter, LPG, other kitchen wares etc. purchased by Alm and e Gilu shall remove those ems from the ground floor area now being occupied by Sofy, Anjana and Mariya on or before LayO2/e025 and the date of such removal shall be intimated by Suu te the Respondents one week prior to that date. _ UNfezation of existing kitchen at terrace an South East portion shall be by Biju or his tenants, the Respondents shall be at berty to construct another kitchen having an area of SXS Sq Fe adjacent fo the existing kitchen for the use of the tenants of the guest moms 0 af Sarties shall hear the Tax required to be paid on shared basis with Mir Bilu gaying 1/8 share and Ms.Sofy, Anjana and Mariya paying 3/8 share until the ownership is changed as per the terms of the settlement deed to be executed by Blu. Giju shall execute necessary documents for such change of ownership as and when required. All maintenance cost shall also be paid in the same mroporhian.
Petitioner Respondents
1. Aniang Alu That Addl SS, Mariya Buu Thatt AddLRS. Sefy 8du ' awh ~ 4 ig. Ms.Sefy, Aniana and Mariya or their representatives shall not disrupt the Electric and water supply for main bed room af ground floor and the ulllities senfces shall be continued from existing sources of ground floor and shall not be Interrupted by either parties,
1. Bu wil bear the expense of education of Mariya upta PG Level in indian institutions and also shall bear marriage expenses for Mariya subject to the candition that as Mariya's father he must 6s consulted and alowed fo actively participate during al! stages of marriage planning including spseking ta the groaam's family. shortiisting the venue, deciding the quests' numbers, gurchase of dresses for Mariys and purchase of Jewellery for Mariya, and all wedding raleted activities, ceremonies associated with the wedding with consultation and consent of Mariya and Bilu be the ultimate decision maker and will be permitted to execute the responsibility of the father, 12, Either of the parties shall not pick up guarrel/disturb the peaceful 5 3 use and occupation of the respective portions of the building by the other party or their tenants. Pa
13. The renting out of the portions of the bullding shall only to fedies or family, Petitioner es Respondents
2. Anjana Biju Thette.
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$ eave SS Ad Fs peel Hrs SL AE OY 7 Add R2. Mariya Buu Thathi Aga RS, Sofy Shu ia. COTY system is instaled in the building at four places, particularly one in the entrance to the Ground floor in the parking area, one in the first floor balcony, one in the stair case accessiie fram the outside, and one in the open terrace. These were installed by Buu and therefore neither Aniang, nor Mariya nor Sofy nor any of their representatives shall have any right to fiddle or disturb or remove the same. Anjana, Mariya and Sofy ar their representatives shall nat interrupt the feed to the cameras in any way or Nandie or mishandie the cameras and assaciated accessories, or intentionally disrupt the pawer sugpaly to the same. The DVR of the COTY cameras will be retained by Biiu in the Main bedroom on the Ground "
floor, Respondents shall be at Hberty to Install CCTV camera for their security requirement. installation and operation of the CCTY camera by either party shall be In such @ manner not interfering with the privacy of fhe other party.
15. Blu agrees not to bring his present wife fo the above mentioned Sullding at Bangalore.
16. Bin has the whole rights to do any kind of alterations/renovation works on the terrace of second Maar except the new kiichen going to be made by the Respondents and Sofy, Anjana & Mariya or thelr representatives should not Interfere against the same, Patitianer ReSGOHients Addl. 82. Mariya Blu Thect! AddLR3. Sofy Biju
7. Safy, Aniana & Marlya or their reoresentatives do not have any rights to do any kind of structural alterations works on the buliding without the consent of Blu except that of the kitchen work as mentioned above ey
8. The Petitioner Biju shall permanently close the inner door of the master bed room in the ground floor adiacent ta the car pore ~ uSINng SrickS and shall be at {iberty to open a new doar to the said beg Groom from the car porch. Civil work of separating the Hall from the main bedroom in the ground floor shall be undertaken and completed by Buu an or before LSy02/202S and be shall be st 4 'betty. te use the antire ground floor area fora period of bwo WEES ta carry out such work with prior intimation to the respondents one week before such dccupation, 18, 1° respandent Being unable {6 came over to Ernakulam, Resoondent Nos, 2 to 3 executed this agreament at Sangelare before a Notary Public. The Petitioner executed this agreement and in the arare sel counter signed the same aft Ernakulam. ~P
20. The above OPUFC) may be disposed of recording and in accordance with this settlement without any order as te cost. Dated this the 8° day of August, 2024, Patitioner . Respondents Siu Aaphel AGGR2. Mariya Blu Thath Add RS. Sofy Blu . t a Tes:
> ai ™ ' os & ISSV IWS ghey Counsel for the Petitianer Counsel for the Respondents The above Settlement Agreement is authenticated by me. ott soy cee RR aenne SS --
Ady, Mathew Kuriakose (Mediator) XA ATTESTED A 2 by ra RANCHIVARADARAIU, M.A. LLB NVOCATE & NOTARY PUBLIC SOVERNMENT OF INDIA § SS/S7, Sth Crass, Jyothi: Nagar, Bandra Layout, Bangalore - 880 O78, Mob ; 9068573379 Bate SS eee 12 AUG 2 "Ce x ae ig docurnent §s enter red in the' Aotarial [register by No... Baak SS). PAGES... a &, KANCHIVARADARAJU