Kerala High Court
George Judson C.J vs Neenu S on 29 January, 2026
Bute oe SSSR Bee ety gon Th» See Bat Xe wa Nee BASS rs. » af Mat.A Nos. 1/2026 & 5/2028 4 aa IN TRE HIGH COURT OF KERALA AT ERNARULAM PRESENT THER HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN & THE HONOURABLE MRS. JUSTICE M.B. SNEBALATHA THURSDAY, THE 23°" pay oF JANUARY S026 / STH MAGHA, 1947 MAT APPEAL NO. 1 OF 2026 AGAINST THE WNUDGMENT DATED 21.33.2028 IN OP NOESY OF 2022 OF FAMILY COURT, BRNARULAN APPELLANT / PETITIONER : GHORGE JUDSON C.J, AGED 38 YEARS S/O C.G. dOSSY, CHOOTHAMPARAMBIL HOUSE, MUNDAMVELI P.O., RAMESWARAM VILLAGE, KOCHI TALUR, ERNARULAM DISTRICT, BIN ~ 6@2507 BY ADVS. | SRI. THOMAS J ANAKRALLUNEAL, SHRI. SAYARAMAN 8. SNT.ANUPA ANNA JOSE KANDOTR SMT. DRANYA SUNNY SMT. ANN MILKA GEORGE RESPONDENT (RESPONDENT : WEEND §., AGED 32 YEARS OYfO. TITUS, LAKSHMI NIVAS, H. NO. 12, ORUMA NAGAR, PANAVIDA, KRARARULSM PO. VASHAYTIA, PRROOQRKARA , TRIRUVANANTHAPUBAM, PIN ~ 895564 BY ANVS. SHERI. SHIBIN K.P. SHRI. SERY SOSEPS THIS MATRIMONTAL APPEAL HAVING COME UF FOR ADMISSION ov 22.01.2028, BLONG WITS Mat. Appeal 5/2028, THE COVRT ON THE SAME DAY DELIVERED TRE FOLLOWING: IN TRE BIGH COURT OF KERALA AT ERNARITOAM PRESENT THE HONOURARLE MR. JUSTICE DEVAN RAMACHANDRAN & THE RONOUBABLE MRS. JUSTICE NB. SNENHALATHA THURSDAY, THR 29°" DAY OF JANUARY 2026 / STH MAGHA, 1947 MAT APPEAL Wo. 5 OF 2028 AGAINST THE JUDGMENT DATED 22.11.2028 IN OP NO.GOL OF 2021 OF FAMIRY COURT , BRNARULAN APVRLIANT /PRETTIONER : GEORGE JUDSON C.7., AGED 38 YEARS 8/0 £.G. JOSSY, CHOOTHAMPARAMBIL ROUSE, MUNDAMVELY B.O., RAMESWARAN VILDAGE, KOCHI TALURK, BRNARULAM, PIN ~ S82507 BY ADVS. SRI THOMAS J. ANARBALLUNEAL SMT .ANUPA ANNA UOSE RANROTH SHERI. TAYARANMAN 3S. SMT. DHANTA SUNNY SMT. ANN NMILKA GEORGE RESPONDENT (RESPONDENT : NRENU &. AGED 32 YEARS ; D/O, SINDRY C/O SUIT, LARSHMY NIVAS, BH. NO. 12, ORUMA NAGAR, BANAVILA, KARARULAM FO, VAZBAYIIA, PRROORRADA, THIRUVANANTHAPURAM, BIN - G&S85564 BY ADYS. SERI.SRIBIN K.P. SHRI. SEBY JOSEPH THIS MATRIMONTAL APPEAL RAVING COME UP FOR ADMISSION ON 28.01.8026, ALONG WITR Mat. Appeal.i/2026, THE COURT ON THE SAME BAY BELIVERED THE POLLOWING : Lak SOO RIT RAD SOU AA AE OE WA 0 EKO IO. 001 OK 200200 COE 9K ION DOU ORL ROK FRE JOU ACMI Gee BY NN WT ANE AN DE 180-100 000 200 NID DO. OOK BO ID SC OON A BAY Sie SB BEL BNE NRG 100 DOH 00C 200 200 GOL OOK JOO OG ODL OL IOE R2O ONL OU, ARE ID A NLR Be ANE NA GEE NOE SOD 100 0K DOE 20 OO ON IOE Dated this the 20° January, 2026 JUDGMENT
Ecc MB Snenalatha, 3 These Mat.Appeals are preferred by the appellant/husband challenging the judgment and decree in O.P.Nos.857/2033 and 6014/3001 of Family Court, Ernakulam.
2. Today, when these appeals came up for hearing, the learned counsel appearing for both sices submitted that the disputes between the parties have been settled and a compromise agreement has been Med before this Court.
3, Appel lantyhusband is represented by his pawer of attarney and the power of attorney holder has filed a compromise agreement and joint petition on behalf of the apoeliant.
4. We Nave examined the compromise agreement and we notice that it has been signed by the pawer of attorney holder of the appellant and the respondent. The terms of the compranmise agreement are lawful and therefore, the settlement arrived at by the parties is >. In view of the settlement arrived at by the parties, appellant and respondent have fled & petition under Section 164 of the Bivorce Act, 1869 for dissolution of marriages by mutual consent, wherein they have stated that the merriage arrangement between the parties were irretrievably Draken dawn beyand redemption and there Is no scope for reunion and they have mutualy aqreed and decided for dissclution of marriage voluntarily. Further it is sfated that there is no influence ar coercion, Fraud etc from any side to Mle the divorce petition with mutual consent and the said petitien has bean Hied with thelr wish and free will:
that the spouses are living separately from 9.12.2020 onwards: and there is no marital relationshio between them and therefore, they seek divarce by mutual consent.
6. Both parties have affirmed that the entire disputes between the parties have been settled in terms of the joint petitian Aled by the parties, @}) KHO S75}, @ *. In Seth BY and enother vo NH F203) | wenae.
one, i Division Bench of this Court has held thet the power of attorney holder sign, Hie and prosecute a petition for divarce by mutual consent. 8, We are convinced that the marrisge between the spouses has been Irretrevably broken down and they are living separately from $.12,.2020 onwards and there is no possibility of reunion and divarce is the viable option and sl the attempts of reunion have been failed, We are aiso convinced that the parties have voluntarily fled the petition under Section LGA of the Divarce Act, 1869 and there is no collusion between the parties and this Court is satisfied that the consent was not obtained through fraud or coercion.
9, We are of the view that this is a fit case to grant divorce by mutual cansent on the application fled under Section LOA of the Divorce Act, 1869 by waiving the cooling off period as the marriage is irretrievably Graken.
if. MataA Ne.S/2026 is dispased af by granting 8 decree of divorce by mutual consent under Section LOA of the Divorce Act, 1869 ~ 11, MatA No.i/20236 also stands disposed of recording the f3 tarms of cormpramise agreement.
12, The serties are directed to act implicitly in terms of the compromise agreement.
13. The compramise agreement and joint petition do form part of the judgment.
DEVAN RAMACHANDRAN JUDGE Sd/-
M.B.SNEHALATHA JUDGE at {A 1/2026 IN Mat. Appeal 5/2026-Annexure 1 (€Page-7} Original Petition BEFORE THE HONOURABLE FAMILY COURT, ERNAKULAM OP OF 2026 PETITIONERS: RESPONDENTS:
1, George Ridson CJ Nall
2. Neeru Sindhu G Josey, Choothamparambil (H),
1. George Judson CJ, Aged 39 years :
-- Mundaveli P.O, Rameshwaram Vilage, Kochi Taluk, Emakulam Dist 682 507 Rep by his Power of Attorney holder, C.G Jossy, Aged 72 years, S/o George, Choothamparambil (H), Mundaveli P.O, Rameshwaram Village, Kochi Taluk, Emakulars District, Pin 682 507
2. Neenu Sindhu, Aged 34 years, Dvo Titus, Sindhu Bhavan, Memala Nirappil, Memals P.O, Vithura Village, Nedumanagad Taluk, Thiruvanathapuram 695 541 RESPONDENT:
NIL w? | Leb Verified - KLER14 TA 1/2026 IN Mat Appeal 5/2026-Annexure | {Page-3} Original Petition PETUTION FOR DIVORCE BY MUTUAL CONSENT FILED UNDER SECTION LOA OF THE DIVORCE ACT, [869 i, The IS petitioner is the husband of the 2" petitioner. Their marciage was solemmised on 1th September, 2026 at St. Thomas Apostfes Church, Thappuimpady, in secordance with the customs and divals of the Christian sommiunity, both parties being Christians,
4. Since after few days of the marriage the Petitioner No. 1 & 2 could realize that their differences are widening day by day in respect of their views, attitudes, tastes, thinking's liking, outlooks etc as a result their relationship deteriorated considerably at a no pa!
3. However, the marriage arr es were irretrievably broken down beyond re free reunion. Henee claims in connection with the present st marriage have been settled based on the medistion talks held by their counsels and thereby they have entered into a compromise agreement dated 23-01-2026 in OP 53/2026 on the files of Family Court, Emakulam 4, That relatives well-wishers tried their level best for reconciliation between the Petitioners No. | & 2 but all their efforts failed and such marriage tle between the Petitioner No. | & 2 has broken irretrievably.
§. However both of them are residing separately from 09/12/2020 Le, almost § years and 45 days. There is no: scope for a reunion, Hence it is decided to dissolve the marrlage by matual consent. The entire financial matters and Verifie PR ERA IA 1/2026 IN Mat. Appeal 5/2026-Annexure I {Page-9) Original Petition elaims related to maintenance, both past and future, return of gold omaments, damages etc. and all the claims in connection with the present marriage have been amicably settled between them. There is no influence or coercion; fraud ete from any side to file the divorce petition with nvutual consent and the said petition has been filed with our wish and frea will. The cause of action for the present Original Petition arose on 12.09.2020, when the marriage of the Petitioners was solemnized on 12th September, 2020 at St. Thomas Apostles Church, Thoppumpady, and also on 09.12.2020, being the date on which the Petitioners last resided together at Emakulam, Hence, the cause of action for.the present Original Petition has arisen within the territorial } The Petitioners submit th their marital relationship. er 601/2021 before this Court, secking a decree of nullity of marriage. OP. No, 8357/2022 for the compensation and MAC. Noc47/2022 filed by the 2°"
. dement dated 21.11.2025, the e petitioner before this court. By a common ju Hon'ble Family Court, Ernakulam, dismissed the petition for nullity of marriage aid the petition for compensation and partly allowed the petition for maintenance. Aggrieved by the said judgment, the Ist Petitioner has preferred Mat. Appeal Nos. 1 of 2026 and 5 of 2026 and R.P{P.C) No. 1/2026 before the Hon' ble High Court of Kerala, which are pending. Apart from the above,2™ petitioner filed O.P. No. 43/2026 and Cr. M.P. No. 2/2026 in M.C. No. 37/2022, which are now pending before this Court. The Petitioners submit that all disputes between them have been amicably resolved and that appropriate steps will be taken to withdraw or close the pending proceedings in accordance with law Verified - KLER14 IA 1/2626 IN Mat. Appeal 5/2026-Anneyure 1 (Page-10) Original Petition m
8. fn the above elrcumstances in the Interest of Justles, [is humbly prayed that this Hen"ble Court may be pleased to piss a decree of dissolution of the marrlage between the Paullaners salomalzedl an 12° September, 2020 at St Thomas Apostles Church, Thoppumpady as per the customs and rituals follawed in the Christian eommmunity in Benakulien District, on mutial consent.
RELTEE ae « Henee in the interest of justice it is mtast faanbly prayed thet the Honourable Court osay be pleased ta:
i} «Pass a judgement and deere die milage between tho petitioners solemnized fit and proper in the facts and « Dated this the?
i Peditiener : George Judson CJ Represented by his Power of Attorney Nolder CAG Jossy Nal aul Petitioner : Neon Sindhu, y> > VERIFICATION 3, We, (CL) George Judson CJ, Aged 39 years Sfo CG Ioasy, Choothamparambil (4), Mundaveli P.O, Rameshwaram Village, Kochi Taluk, Emakulam Dist 682 507 Rep by his Power Of Attomey holder, C.G Josay , Aged 72 years, S/o Gearge, Choothanyparambil (H), Mundaveli #.O, Rameshwarem Village, Kochi Taluk, Ernakulam District, Pin 682 507 Verified - KLER 74 [A 1/2026 IN Mat. Appeal 5/2026-Annexure 1 = (Page-213 Original Petition and (2), Neenu Sindhu, Aged 34 years, Dfo Titus, Sindhu Bhavan, Memala Nirappil, Memala P.O, Vithura Village, Nedumanagad Taluk, Thiravanathapuram G95 55] do declare that all facts stated above are true to the best of our knowledge, information and belief and the petition was signed and verified on the date mentioned above at the office of Advocate at Ernakulam Dated this the 23 day of January, 2026 i" Petitioner 3: George Judson CJ Represented by his Power of Attorney Holder C.G lossy ab 2°4 Petitioner:
_ Original Compromise agreement dated'29/0 1/2026 Sos fan . Original Power of Attorney dated 19/08/2022 Qe Counsel for the 1% Petitioner : Neena James Ww Catnsel for the 2" Petitioner: Seby J, Pullely th ¢ Verified - KLER14 TA 1/2028 IN Mat.Appeal 5/2026-Annexure 1 (Page-16) res _ @-Stamp Serial Number - 202526000007 169282 Govt Relerence No; {GRA} | (Agraemant or memorandum of a an 'agresinent - ifnnt otherwise provided for First stPay A Address Seoond Party Name Second Party Adare BS ds 'Nagar fi aon P. 6 VVazhayia Perocrkada, Thiraanathepuram 6 895 S84 Vendor: Code'8.Na S87 «chk Treasury Code & Name * Sindhu hereafter ee ge 1" party a party aceardinaly on ie ep eae ee arty filed M. C. No. 37/2022° This san be verified By nites ESM, treasury: Kerala. gov invindea phpfasiamp search using e-Siemp Serial Number and Verification Code, in. case of any discrepancy, plsasé Inform the competent autharily. 1A 1/2026 IN Mat. Appeal 5/2026-Annexure | {Page-17) Document No 2 seeking maintenance from the [st party hefore the Family Court, Ermakulam. By a comoion judgment dated 21.11.2025, the Hon'ble Family Court, Emakulam, dismissed the petition far decree of sullity of marriage and the petition for compensation filed by the [st party, and partly allawed the petition for maintenance filed by the 2nd party. Aggrieved by the said common jadgment, the Ist party preferred Mat. Appeal Na. | of 2026 and Mat. AppealNo. 5 of 2026, along with RPAR.C.) No. 1/2026, belore the Hon'ble High Court of Kerala. During the pendency of the aforesaid proceedings before the Hon'ble High Court and theca: in. MC 37/2022), pending the 2nd party, a mediation was co which the parties have amicably. resol agreed 1a settle the matters by accepting Terms and Conditions:
a) Both parties have mutually decided to dissolve their marriage by mutual consent, in the interest of their welfare, well-being, and future prospects.
b) As part of the settlement, the [st party undertakes to hand over all materials.
and personal belongings of the 2 party presently kept in the matrimonial home and further agrees to pay an amount of %6,50,000/- (Rupees Six Lakhs Pilly Thousand only} towards full and final settlement, inclusive of past arrears, present and future maintenance, and compensation claimed by the 2 party in MC 37/2022 before the Family Coart Ernakulans. al Verified pert ye 96 & Cr, MP. No. 3/2026 amily ourt, Emakulam filed by xd between the parties, pursuant to y iA 2026 IN Mat Appeal 5/2026-Annexure 1 {(Page-18)} Document No 2
c) The 2 party confirms that the gold amaments belonging to her, which were left behind in the matrimanial home, namely, one gold ring weighing 1500 grams, one gold bangle weighing 7.40 grams, one pair of gold earrings weighing 5.790 grams, one gold necklace weighing 22.610 grams, and one diamond anchor pendant with chain, have been handed aver by the 1" party and duly received by the 2" party on 23.01.2026, to her full satisfaction.
d) The 2° party confirms that the personal articles belonging te her, which was left in the matrimonial home, including black cotton saree, aqua blue saree, off- white net saree, bottle-green colour saree, other dresses, wedding gown, churidar, leggings and kurta sets, and Yamvah:
part of this settlement.
f) In furtherance of and in full and final settlement of all claims in terms of this agreement, it is mutually agreed that all movable and immovable properties belonging to the parties have already been handed over and received by the 2 ge party on 23.01.2026, and that no properties, articles, or assets of either party remain to be exchanged or claimed.
a) It is further agreed that, as part of the said full and final settlement, the Ist party have taken a Demand Draft (DD) of Rs 6,50,000/- ix Lakh Fifty Thousand Rupees Only} bearing No. 816273 dated 20/01/2026 issued from Seuth Indian Bank and shall be handed over to the 2nd party at the time of 7 VorifiSe'- KLER14 TA 1/2026 IN Mat. Appeal §/2026-Annexure 1 {Page-13) "% Document No 2 recording evidence, within a period of one month from the date of filing the petition secking waiver of the statutory period of six months in the faint Original Petition.
Pursuant to the amicable settlement arrived at between the parties, the Ind party hereby unequivocally undertakes to file a not press mene te withdraw Q.P. No. $3/2026, filed seeking retum of geld ornaments and other articles, and Crl. MLP. No. 2/2026, filed for recovery of arrears of maintenance in M.C. No. 37/2022, instituted against the Ist party before the Pamily Court Emakulam. The withdrawal shall be effected upon after receiving all the gold ornaments and articles, with respect to the filing of the joint petition for divorce. her claims, demands, or heir respective family members in respect of movable or im : properties, gold or diamond armaments, patrimony, compensation, , past or future maintenance, alimony, or any claim arising out of the matrimonial relationship under any law or statute.
k) Both Parties further agree that they shall not initiate any proceedings or litigation against each other ar their family members before any Court, Authority, or Forum in respect of any matter arising out of their marriage or the dissolution thereof.
1} All monetary claims and disputes between the Parties stand fully and finally settled. The amount paid by the 1° party is towards past, present, and fature maintenance and alimony, and no farther amounts are due or payable. Dated this the 23 day of Ianuary, 2026 < rs RS Verified - KLER14 iA 1/2026 IN Mat-Appeal 5/2926-Annexure 1 (Page-20) ces eaananannert eee wettest Document No 2 Ist party: George Judson C.J represented by his Power of Attorney C.G amen' a Jossy aa 2nd party : Neenu Sindhe Ail the facts, terms and conditions slated above are true and correct and we have signed the compromise agreement upon our own will and volition. ist party =:
x 2nd party : Neenu Sindhu ~ = Verified - KLER14 MatA Nos T/sO86 & BY2026 & SUAS IRER IOUS f APPENDIX OF MAT SPPRAL NO. S OF 2028 FRTITIONER ANNERURES Annexure | THE TRUE %COPry OF THE cOINT ORTGINAL PETITION FOR DIVORCE BY MUTUAL CONSENT AS O.P NG. 2798/2028 BEYORE THE FAMILY COURT RESPONTHINTS ANNEXURES: NEL