JOBIN JOSEPH Vs. UMA THOMAS

JUDGEMENT

(1.) This is an original petition instituted under Article 227 of the Constitution challenging Exhibit P2 mediation agreement in M.C. No.11 of 2016 on the files of the Judicial First Class Magistrate Court, Kakkanad.

(2.) Petitioner is the first respondent in M.C. No.11 of 2016. Respondents 1 and 2 herein are the wife and son of the petitioner respectively. The respondents instituted the said proceedings under Section 12 of the Protection of Women from Domestic Violence Act , 2005, seeking, among others, an order restraining the petitioner and his parents from committing any act of domestic violence. The respondents have also sought in the proceedings orders for their maintenance and for the return of money, gold ornaments, documents etc. In the course of the proceedings, the parties were referred for mediation. After the mediation, the mediator reported to the court that mediation was successful and forwarded Exhibit P2 mediation agreement entered into between the parties and signed by their respective counsel to the court. As per Exhibit P2 mediation agreement, the petitioner has agreed to pay a sum of Rs.8,00,000/- to the first respondent and Rs.20,000/- per year to the second respondent. Provision was also made in the mediation agreement for the custody of the second respondent during his minority. In terms of the mediation agreement, the petitioner and the first respondent have also agreed to prefer an application for divorce on mutual consent. The Jurisdictional Magistrate disposed of the proceedings in terms of the mediation agreement. Exhibit R1(a) is the order passed by the Jurisdictional Magistrate in this connection. The case set out by the petitioner in the original petition is that Exhibit P2 mediation agreement is one obtained from him by the mediator under the threat that he would, otherwise, be put behind bars along with his parents. It is also the case of the petitioner that Exhibit P2 mediation agreement was the result of a conspiracy between the first respondent, the mediator as also the counsel for both the petitioner and the first respondent. It is pleaded by the petitioner in the original petition that he never wanted to live separately from the respondents.

(3.) Heard the learned counsel for the petitioner as also the learned counsel for the first respondent.