VENUGOPALAN Vs. PUSHPAVALLY

JUDGEMENT

(1.) The petitioner is the husband of the respondent. There were disputes between them. The respondent filed M.C. No.142 of 2009 on the file of the court of the Judicial First Class Magistrate Court, Thalasserry against the revision petitioner under the Domestic Violence Act. She also filed M.C. No.320 of 2011 on the file of the Family Court, Thalasserry claiming enhancement of maintenance. The disputes between the parties, including the disputes involved in the aforesaid cases, were settled between the parties before Lok Adalath conducted at Thalasserry. As per the terms of the settlement, the revision petitioner had to execute a gift deed, in respect of 15 cents of land situated on the rear side of his house, in favour of the respondent on 30.9.2011. Thereafter, the parties had to file an application under Section 13-B of the Hindu Marriage Act. It was also agreed that on giving evidence in joint petition, the revision petitioner would pay a sum of Rs. 5,00,000/- to the respondent. It was also agreed that the respondent would withdraw M.C. Nos.1420 of 2009 and 320 of 2011 referred to above.

(2.) According to the respondent, the revision petitioner did not hand over the necessary documents for preparing the gift deed. She sent a notice dated 30.9.2011 to the revision petitioner requesting him to appear before the Office of the Sub Registrar, Thalasserry on 1.10.2011, with necessary documents. On 30.9.2011 the revision petitioner also sent a notice to the respondent stating that since the respondent committed wilful default in complying with the terms of the settlement, he was withdrawing from the settlement entered into between the parties.

(3.) Complaining that the revision petitioner failed to execute the gift deed, the respondent filed E.P. No.32 of 2011 before the Family Court, Thalasserry. The revision petitioner filed a counter in that execution petition stating that it was only due to the wilful default of the respondent that the gift deed could not be executed within the stipulated time and that he was all along ready to comply with the stipulations in the compromise agreement. The executing court rejected the contention put forward by the revision petitioner and directed him to execute the gift deed in respect of 15 cents of land to the respondent within ten days. The order passed by the executing court is under challenge in this Original Petition.