SEENATH Vs. MOHAMMED ALI

JUDGEMENT

(1.) These Original Petitions are filed by the petitioner and respondent respectively against Ext. P6 order of the Family Court, Ernakulam in E.A. No. 134 of 2015 in E.P. No. 53 of 2014 in O.P. No. 2289 of 2012, dated 03.12.2015. By the said impugned order, the petitioner was granted four months time to pay the balance amount of Rs. 15 lakhs with interest at the rate of 6% p.a. from the date of mediation agreement till the date of deposit, and coercive steps are kept in abeyance till such time. The petitioner/decree holder has filed O.P.(FC) No. 608 of 2015 contending that, 6% interest granted by the Family Court is on the lower side and the Family Court should have ordered at least 12% interest on Rs. 30 lakhs from the date of agreement dated 24.06.2013 till the date of payment. On the other hand, O.P.(FC) No. 82 of 2016 is filed by the judgment debtor contending that the order imposing 6% interest by the Family Court as per the order impugned is illegal since as per the mediation agreement, there is no agreement for award of interest if the judgment debtor fails to pay the amount as per the settlement. Facts required for disposal of the Original Petitions are common in nature and the facts narrated in O.P.(FC) No. 608 of 2015 are stated hereunder:

(2.) The petitioner and respondent are wife and husband respectively. Their marriage was solemnized on 28.04.1991 as per Islamic rites and customs. Disputes arose by and between the parties and thereupon petitioner filed O.P. No. 2289 of 2012 before the Family Court, Ernakulam, seeking recovery of 200 sovereigns of gold ornaments or its market value of Rs. 50 lakhs from the respondent and his assets and further seeking to recover Rs. 10 lakhs with 12% interest from the respondent by creating charge over the two sets of property owned by the respondent. However, the dispute was settled between the petitioner and the respondent along with other pending disputes and Ext. P2 'Memorandum of Agreement' was drawn in the District Mediation Centre. Consequent to the said agreement, Ext. P2(a) decree was passed by the Family Court.

(3.) As per the compromise decree so passed, the respondent has agreed to pay an amount of Rs. 30 lakhs to the petitioner within six months and if not the petitioner was provided with liberty to file Execution Petition and to realise the amount from the respondent.