GEETHA Vs. M K SHAJI

JUDGEMENT

(1.) THIS appeal is filed by the respondents 1 and 2 in O.P.(HMA) 36/2006 on the file of the Family Court, Alappuzha. The respondent herein was the petitioner in that O.P., which was filed by him under Section 13(1) of the Hindu Marriage Act, 1955 (for short, 'the Act') for divorce.

(2.) THE facts of the case are briefly as follows : The marriage between the petitioner and the first respondent was solemnized on 24.3.2002 as per Hindu religious and customary rites. They have a boy child now studying in II Standard. The allegation against the first respondent is that on the first date of marriage itself, respondent was found to be behaving in an ill- tempered manner like a mentally ill person. This abnormal behaviour was not disclosed by petitioner to others all on a sudden, hoping that gradually her character will change. On 5.6.2003, the petitioner returned from Bangalore where he was working, to take the first respondent back to his house with the child. The first respondent unreasonably became furious and she broke her thali chain and threw it away. The behaviour was so abnormal that a mentally sound person could have never done it. Petitioner was also asked to go away from the house. Petitioner says that even though conciliations were held at the instance of relatives, the character of first respondent did not change. On 24.2.2005, the first respondent became very wild and she physically assaulted the petitioner with a piece of wood and inflicted injuries on his head. The first respondent thus treated the petitioner with cruelty also. The first respondent is presently residing with the child in her parent's house at Cherthala. Allegation against her is that by reason of immature development of mind, she is suffering from psychopathic disorder and so that the petitioner cannot help himself to live with the first respondent.

(3.) DURING the pendency of this appeal, parties were referred for mediation and they have settled their disputes through mediation and a settlement agreement was executed between the appellants and the respondent before the Mediator. Clause (a) in the agreement is that both parties agree that the decree of divorce granted by the Family Court, Alappuzha in O.P.(divorce) No.36/2006 can be confirmed subject to expunction of the finding that the first appellant behaved cruelly to the respondent on account of psychopathic disorder. Clause (b) of the agreement relates to the payment of Rs.2,50,000/- in full and final settlement of all the claims of the first appellant and their son. Clause (c) relates to the deposit of Rs.2,50,000/- in fixed deposit, in the joint names of the first appellant and minor. Clause (d) relates to the payment of value of 45 sovereigns of gold ornaments to the first appellant by the respondent. Clause (e) relates to the visitation rights of the respondent with regard to the child.