Kerala High Court
Benny Philip vs Simi John on 11 April, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
Mat.A Nos.345/2020, 341/2020,
443/2021, 374/2022 & 140/2023 1 2025:KER:32367
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947
MAT.APPEAL NO. 341 OF 2020
AGAINST THE JUDGMENT DATED 11.03.2020 IN OP NO.238 OF
2015 OF FAMILY COURT, OTTAPPALAM
APPELLANT/SOLE RESPONDENT:
BENNY PHILIP, AGED 42 YEARS
S/O.PHILIP, KANDOTH VEEDU, VARAPETTI, ANCHALPETTI,
ELANELLUR P.O. MUVATTUPUZHA,
ERNAKULAM DISTRICT 686 673.
BY ADVS.
JOHNSON MANAYANI
JEEVAN MATHEW MANAYANI
RESPONDENT/PETITIONER:
SIMI JOHN, AGED 38 YEARS
D/O.JOHN, CHAKKALAKKUNNEL VEEDU, CHANGILEERI P.O.
MANNARKKAD TALUK, PALAKKAD DISTRICT 679 321.
BY ADVS.
ABU MATHEW
AJU MATHEW
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
11.04.2025, ALONG WITH Mat.Appeal.345/2020, 140/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Mat.A Nos.345/2020, 341/2020,
443/2021, 374/2022 & 140/2023 2 2025:KER:32367
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947
MAT.APPEAL NO. 345 OF 2020
AGAINST THE JUDGMENT IN OP NO.239 OF 2015 OF FAMILY
COURT, OTTAPPALAM
APPELLANT/SOLE RESPONDENT:
BENNY PHILIP, AGED 42 YEARS
S/O. PHILIP, KANDOTH VEEDU, VARAPETTI, ANCHALPETTI,
ELANELLUR P.O., MUVATTUPUZHA,
ERNAKULAM DISTRICT - 686 673.
BY ADVS.
JOHNSON MANAYANI
SRI.JEEVAN MATHEW MANAYANI
RESPONDENT/RESPONDENT:
SIMI JOHN
AGED 38 YEARS
D/O. JOHN, CHALAKUNNEL VEEDU, CHANGILEERI P. O.,
MANNARKKAD TALUK, PALAKKAD DISTRICT - 679 321.
BY ADVS.
ABU MATHEW
AJU MATHEW
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
11.04.2025, ALONG WITH Mat.Appeal.341/2020 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat.A Nos.345/2020, 341/2020,
443/2021, 374/2022 & 140/2023 3 2025:KER:32367
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947
MAT.APPEAL NO. 443 OF 2021
AGAINST THE ORDER IN I.A.NO.1079/2019 IN OP NO.240 OF
2015 OF FAMILY COURT, MUVATTUPUZHA
APPELLANT/PETITIONER/RESPONDENT:
BENNY PHILIP, AGED 43 YEARS
S/O. PHILIP, KANDOTH VEEDU, VARAPETTI,
ANCHALPETTI, ELANELLUR P.O., MUVATTUPUZHA,
ERNAKULAM DISTRICT-686 673.
BY ADVS.
JOHNSON MANAYANI
JEEVAN MATHEW MANAYANI
RESPONDENT/RESPONDENT/PETITIONER:
SIMI JOHN
AGED 40 YEARS
D/O. JOHN, CHAKKALAKUNNEL HOUSE, CHANGALEERY P.O.,
MANNARKKAD TALUK, PALAKKAD DISTRICT-679 321.
BY ADVS.
ABU MATHEW
AJU MATHEW
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
11.04.2025, ALONG WITH Mat.Appeal.341/2020 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat.A Nos.345/2020, 341/2020,
443/2021, 374/2022 & 140/2023 4 2025:KER:32367
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947
MAT.APPEAL NO. 374 OF 2022
AGAINST THE ORDER DATED 21.12.2020 IN IA 1079/2019 IN OP
NO.240 OF 2015 OF FAMILY COURT, MUVATTUPUZHA
APPELLANT/RESPONDENT/PETITIONER:
SIMI JOHN, AGED 41 YEARS
D/O. JOHN, CHAKKALAKKUNNEL HOUSE, CHANGALEERY KARA,
KUMARAMPUTHUR VILLAGE, MANNARKKAD TALUK,
CHANGELEERY P.O. PALAKKAD DISTRICT, PIN- 679 321.
BY ADVS.
ABU MATHEW
AJU MATHEW
RESPONDENT/PETITIONER/RESPONDENT:
BENNY PHILIP, AGED 52 YEARS
S/O. PHILIP, KANDOTHU VEEDU, VARAPPETTY VILLAGE,
ANCHALPPETTI, ENANALLOOR P.O, MUVATTUPUZHA,
ERNAKULAM DISTRICT, PIN- 686 673.
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
11.04.2025, ALONG WITH Mat.Appeal.341/2020 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat.A Nos.345/2020, 341/2020,
443/2021, 374/2022 & 140/2023 5 2025:KER:32367
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947
MAT.APPEAL NO. 140 OF 2023
AGAINST THE JUDGMENT DATED 11.03.2020 IN OP NO.238 OF
2015 OF FAMILY COURT, OTTAPPALAM
APPELLANT/PETITIONER:
SIMI JOHN, AGED 41 YEARS
CHAKKALAKKUNNEL HOUSE, CHANGALEERY KARA,
KUMARAMPUTHUR VILLAGE, MANNARKKAD TALUK,
CHANGELEERY P.O, PALAKKAD DISTRICT, PIN - 679321
BY ADVS.
ABU MATHEW
AJU MATHEW
RESPONDENT/RESPONDENT:
BENNY PHILIP, AGED 43 YEARS
S/O.PHILIP, KANDOTH VEEDU, VARAPPETTI VILLAGE,
ANCHALPPETTY, EALANELLOOR P.O, MOOOVATTUPUZHA,
ERANAKULAM DISTRICT, PIN - 686673
BY ADVS.
JEEVAN MATHEW MANAYANI
JOHNSON MANAYANI(K/452/1979)
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
11.04.2025, ALONG WITH Mat.Appeal.341/2020 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat.A Nos.345/2020, 341/2020,
443/2021, 374/2022 & 140/2023 6 2025:KER:32367
DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ.
------------------------------------------------------
Mat.Appeal Nos.345/2020, 341/2020,
443/2021, 374/2022 & 140/2023
-----------------------------------------------
Dated this the 11 th April, 2025
JUDGMENT
M.B.Snehalatha, J When these appeals came up for hearing today, the learned counsel appearing for both sides submitted that all the disputes between the parties have been settled in the mediation held under the aegis of Ernakulam Mediation Centre 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 settlement are lawful and therefore, the settlement arrived at by the parties is accepted.
3. Sri.Benny Philip who is the appellant in Mat.Appeal Nos.341/2020, 345/2020 and 443/2021 shall transfer 20 cents of property each of the property comprised in Survey 273/5, 273/6, Mat.A Nos.345/2020, 341/2020, 443/2021, 374/2022 & 140/2023 7 2025:KER:32367 273/8 and 283/7 of Varapetty Village, Kothamangalam Taluk in the name of her children Kevin Benny and Kens Benny as agreed to Clause (2) and (4) of the memorandum of agreement.
4. The custody of the children Kevin Benny and Kens Benny shall be governed by the terms of settlement agreed to between the parties.
5. Sri.Benny Philip/father of the children shall taken necessary steps to renew the passport of the children Kevin Benny and Kens Benny as early as possible for their travelling purpose as agreed to in Clause (7) of the memorandum of agreement.
6. In the light of the settlement arrived at between the parties Mat.Appeal Nos.345/2020, 341/2020, 443/2021, 374/2022 & 140/2023 are dismissed as withdrawn.
The parties are directed to act implicitly in terms of the memorandum of agreement, which do form part of the judgment.
Sd/-
DEVAN RAMACHANDRAN JUDGE Sd/-
M.B.SNEHALATHA
ab JUDGE
Mat.A Nos.345/2020, 341/2020,
443/2021, 374/2022 & 140/2023 8 2025:KER:32367
APPENDIX OF MAT.APPEAL 341/2020
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE JUDGMENT IN WPC NO.
13234/2017 DT. 8.11.2018 OF THE FAMILY
COURT, OTTAPALAM.
ANNEXURE A2 TRUE COPY OF THE ORDER IN IA NO. 600/2016
IN OP NO. 238/2015 OF THE FAMILY COURT,
OTTAPALAM.
RESPONDENTS
ANNEXURES NIL
Mat.A Nos.345/2020, 341/2020,
443/2021, 374/2022 & 140/2023 9 2025:KER:32367
APPENDIX OF MAT.APPEAL 443/2021
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE COMPROMISE
PETITION AND THE ACCOMPANYING AFFIDAVIT
DATED 29.12.2015 FILED BEFORE THE FAMILY
COURT, MUVATTUPUZHA IN OP NO.240/2015.
Annexure A2 THE CERTIFIED COPY OF THE JUDGMENT IN OP
NO.240/2015 DATED 30.12.2015 OF THE
FAMILY COURT, MUVATTUPUZHA.
THE CERTIFIED COPY OF THE COUNTER
Annexure A3
AFFIDAVIT OF THE RESPONDEN'S - POWER OF
ATTORNEY FILED IN IA NO.1079/2019 IN OP
NO.240/2015 BEFORE THE FAMILY COURT,
MUVATTUPUZHA DATED 16.8.2019.
RESPONDENTS
NIL
ANNEXURES
Mat.A Nos.345/2020, 341/2020,
443/2021, 374/2022 & 140/2023 10 2025:KER:32367
APPENDIX IN MAT.APPEAL 374/2022
PETITIONER ANNEXURES
Annexure A1
THE COPY OF THE DECREE DATED 30-12-2015
PASSED IN O. P. NO. 240 OF 2015 ON THE
FIE OF THE FAMILY COURT, MUVATTUPUZHA
ALONG WITH THE JOINT STATEMENT FILED BY
THE PARTIES AND THE COMPROMISE PETITION.
RESPONDENTS
nil
ANNEXURES
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAn4 Mat.ADDeal.Nos.341/2020.345/2020.443/2021 Benny Philip Appellant Vs. Simi John Respondent Mat.AI)I)eat Nos.374/2022 & 140/2023 Simi John Appellant Benny Philip Respondent MEMORANDUM OF AGREEMENT UNDER SECTION 89 0F THE CODE 0F CIVIL pROcEDURE READ wlTH RULEs 24 & 25 OF THE crvlL pROcEDURE (ALTERNATIVE DISPUTE RESOLUTION),RULES, 2008:
1. The appellant, Sri.Benny Philip in Mat.Appeal No.345/2020 agrees that he shall withdraw the appeal filed by him accepting the Judgment and Decree dated 11/3/2020 passed in O.P.No.239/2015 on the file Of the Family Court, Ottapalam.
2. The appellant Smt.Simi John in Mat.Appeal No.140/2023 agrees to withdraw all her monitory claims in O.P.No.238/2015 on the file of the Family Court, Ottapalam in consideration of the agreement given by Sri. Benny Philip for the execution of gift deed/settlement deed conveying 20 cents each, of the property comprised in Sy.No.273/5, 273/6, 273/8, 283/7 of Varapetty Village, Kothamangalam Taluk of Ernakulam District owned, possessed and enjoyed by the respondent, Sri.Benny Philip, in the name of their children Kevin Benny & Kens Benny Philip-
(Mat.Appeal Nos. (Mat.Appeal 374/2022 & 140/2023) Nos.341/2020, 345/2020,443/2021) (2)
3. In view of the settlement arrived at between both parties as agreed in clause No.2 above both parties agreed to withdraw Mat.Appeal No.341/2020 filed by Benny Philip and Mat.Appeal No.140/2023 filed by Smt. Simi John respectively.
4. Smt.Simi John agrees that she has no objection to get the attachment order passed in O.P.No.238/2015 on the file of the Family Court, O{tapalam, lifted; within 6 months from the date of lifting Of the attachment Sri.Benny Philip shall execute gift deed/settlement deed in the name of their children as agreed on as per clause No.2 above.
5. Both parties agree to compound and settle criminal cases r C.C.No.55/2017,C.C.No.56/2017 pending before the Judicial First Class Magistrate Court-II, Kothamangalam, wherein both parties and their respective famil`y members are arrayed as accused persons, for the purpose of which both parties agreed to file pe¢tion before the Hon'ble High Court of Kerala to quash the final report in both the cases within 3 months from today to which the respective parties agreed to file affidavit to get the final order quashed. If Smt. Simi John may not be available in India at the time of filing petition to quash the final report, her father -Sri.John C.C. who hold the Power of Attorney of Smt.Simi John will file affidavit/ I)etition before the Hon'ble High Court for quashing of the final report.
6. Smt.Simi John agrees to withdraw the complaints lodged by her against Benny philip at Rome, Itally or before any courts at Itally, if pending, after the execution of the gift deed/settlement deed agreed as per clause No.2 above.
- 7. Sri.Benny Philip agrees to take necessary steps to renew the passport of the children Kevin Benny and Kens Benny as early as possible for their traveling purpose.
8. Both parties agreed to close the Bank Locker in the joint names of both parties with the Federal Bank, Muvattupuzha Branch, for that purpose both parties shall be present at the Bank at 12.30PM on 21/4/2025 and Sri.Benny Philip shall bring the Locker Key.
rtyprENnhi"B!ngENky Respondense.
(Mat.Appeal Nos. (Mat.Appeal 374/2022 & 140/2023)
Nos.341/2020, 345/2020,443/2021)
(3)
9. Both parties agree and confirm that smt.Simi John shall have the custody of the children subject to the willingness of the children, for that purpose Smt.Simi John shall give prior intimation regarding the date and time of the custody required. Mr.Benny Philip agrees to provide facility to Smt.Simi John to contact their son Kence Benny through video conferencing at a time in between 9 PM to 10 PM (Indian Standard Time) on all saturdays.
10. Mr.Benny philip agrees to handover custody of the children, Kevin Benny & Kens Benny from 21/4/2025 at 12 PM to 2/5/2025 at 4 PM. Both parties further agree the handing over of the custody of the children shall be from the premises of the Family Court, Muvattupuzha and the / custody Of the children shall be given back at the same place. Accordingly both parties agreed to withdraw Mat.Appeal Nos.443/2021 & 374/2022. Both parties further agree that Smt.Simi John shall have the right to get custody of their son, Kence Benny from the very same premises in future, on prior intimation given by Smt.Simi John to Sri. Benny Philip subject to the willingness of the child.
11. Both parties agrees that in the event of default to perform the respective obligations by either party, the aggrieved party is entitled to enforce the obligation by filing appropriate execution petition before the appropriate Courts.
Dated this the loth day Of April, 2025.
(Mat.AppealN°f. (Mat.Appeal 374/2022 & 140/2023) Nos.341/2020, 345/2020,443/2021) £o#%ifen¢tinM#¥o4,A;'o\\ Mat.Appeal Nos.341/2020, 345/2020,443/2021 Mat.Appeal Nos. 374/2022 & 140/2023