PRIYA V. Vs. P.UNNIKRISHNAN

JUDGEMENT

(1.) The divorced wife and husband are before this Court, challenging the order of the Family Court at Ext.P8. We have to notice the background facts. The couple were estranged and they had one child in the wedlock. There were four petitions filed before the Family Court, for divorce, for return of gold ornaments, for past and future maintenance and for restitution of conjugal rights. All these matters were referred to mediation and by Ext.P1 there was a settlement arrived at.

(2.) The husband and wife agreed to file a joint statement in the OP for divorce on the wife agreeing to abandon the ground of cruelty. The respondent agreed to deposit Rs.4,50,000/- in a Bank, in the joint name of himself and the minor daughter, the monthly interest of which will be credited to the joint account of the mother and the daughter. The respondent also agreed to deposit another amount of Rs.2000/- monthly into the joint bank account of the mother and daughter. The above monthly amounts were intended to be utilized as maintenance of the daughter. There were visitation rights also agreed upon into which we need not go into as of now.

(3.) Mediation agreement is being complied with by both parties. Later, the petitioner approached the Family Court Vadakara, with an I.A in the disposed O.P for maintenance, seeking release of the amounts deposited in Fixed Deposit for the purpose of purchase of a property lying adjacent to the property owned by the petitioner. This would enhance the value of the petitioner's property and would also be a sound investment for the daughter, is the contention taken by the petitioner before the Family Court. The Family Court found that such an application would have to be filed before the Civil Court itself and there cannot be an I.A filed for such relief in a disposed of original petition.