JINU JOY Vs. BONY BAIJU

JUDGEMENT

(1.) This is an appeal filed by the 2nd petitioner in OP. No.906/2020 on the file of the Family Court, Ernakulam, against the judgment dtd. 13/11/2023, dissolving the marriage with the respondent herein under Sec. 10 A of Divorce Act.

(2.) The appellant is the wife of the respondent. Their marriage was on 26/10/2014. Since May 2018, they were residing separately as marital relationship got strained. There were several litigations between the parties before various courts. All these disputes were settled in Mediation and an agreement incorporating the terms of settlement was arrived at between the parties on 18/3/2022. As per the terms of settlement, the respondent agreed to pay a sum of Rs.16.00 Lakhs to the appellant herein. The Guardianship and permanent custody of their child was handed over to the appellant as per the mediation agreement. The respondent agreed to pay a sum of Rs.50,000.00 towards full and final settlement of maintenance due to the child. They have also agreed to dissolve their marriage on mutual consent.

(3.) As per the terms of mediation agreement, a joint petition for divorce was filed as O.P. No. 906 of 2022 on 1/4/2022. When the OP was taken up after the waiting period of six months, the appellant filed a memo on 28/11/2022 withdrawing her consent for divorce. The respondent filed I.A. No.8086/2022 praying for allowing the original petition on accepting the Demand Draft in the name of appellant's father. He also filed I.A. No.3/2023 for a direction to the appellant to accept the demand draft for Rs.10.00 Lakhs drawn in favour of her father. Out of the total sum of Rs.16.50 Lakhs, agreed to be paid to the appellant, Rs.6,50,000.00 was already paid and for the balance amount of Rs.1,00,000.00, a Demand Draft was taken in favour of the father of the appellant as per the terms of settlement and produced the Demand Draft along with I.A. No.3/2023.