NISHI JOSEPH Vs. SABU THOMAS

JUDGEMENT

(1.) The petitioners assail the order in CMP No.2886/2013 of the Judicial First Class Magistrate Court - 1, Ernakulam.

(2.) The petitioners herein, who are the wife and daughter of the first respondent herein, had filed an application under Section 12 of the Protection of Women from Domestic Violence Act as MC No.35/2011. Pending the proceedings, the disputes between the parties were resolved in a mediation by Annexure-A Agreement. On the basis of it, Annexure B compromise petition was submitted by both sides. Thereafter, a compromise was recorded by the court below by Annexure-C and the MC was allowed on the basis of the compromise. The compromise included various terms and conditions.

(3.) Thereafter, alleging that the first respondent herein had failed to comply with the conditions therein and alleging that it was deliberately and willfully disobeyed by the respondent herein, application was filed by the petitioner herein invoking section 20 (5) of the PWDV Act. The court below by the impugned order held that compromise included various conditions including assignment of the shared household and monitory reliefs also and it was held that prayer in the petition appeared to be vague. However, holding that the respondent had no case that he had deposited any maintenance amount as agreed in the compromise, the court below called upon the respondent herein to pay the money payable from March 2012 within a month from the date of that order.