RAJESH R.NAIR Vs. MEERA BABU

JUDGEMENT

(1.) The appellant and the respondent are husband and wife and their marriage was on 24/11/2005. In the wed-lock they have a male child. Subsequently, due to incompatibilities, the couples separated on 24/10/2009 and are living separately since then. While so, the respondent wife filed GO (P) No. 238 of 2010 before the Family Court, Thiruvananthapuram for custody of the child. She also filed OP No. 813 of 2010 for recovery of gold ornaments and for maintenance. During the pendency of the above two cases, the appellant husband filed OP No. 217 of 2011 for restitution of conjugal rights.

(2.) The disputes between the parties were referred for mediation and on the intervention of the mediators of Thiruvananthapuram Mediation Centre, Annexure-A2 compromise was arrived at. In Annexure-A2 mediation agreement, the husband agreed to pay maintenance of Rs. 12,000/- per month to the child, the wife respondent agreed to forgo her claims the husband for maintenance and the husband had agreed to pay an amount of Rs. 1,50,000/- to the wife. There were also provisions regulating the custody of the child and a car and the ornaments of the wife were also agreed to return to her. Finally, the agreement also provided that the parties decided to seek divorce on mutual consent by filing an appropriate petition.

(3.) The compromise was filed before the Family Court on 30/04/2011 and on that date itself, OP No. 652 of 2011 under Section 13B of the Hindu Marriage Act was also filed for divorce on mutual consent. On the filing of the case, the case was posted for enquiry after a period of six months. In the meanwhile, in terms of Annexure-A2 agreement between the parties, Annexure-A1 joint petition was moved and orders were accordingly passed disposing of GO (P) Nos. 238 of 2010, OP No. 813 of 2010 and OP No. 217 of 2011. Copies of these orders are produced as Annexures A3, A4 and A5 respectively.