SABU EDWARD Vs. SANTHOSH

JUDGEMENT

(1.) The petitioner herein is the 4th respondent in I.A. No.1311/2017 and in O.P. No.602/2017 on the file of the Family Court, Chavara. He challenges by invoking Article227of the Constitution of India, Ext.P7 order of temporary injunction granted in I.A. No.1311/2017, restraining him from alienating the petition schedule 5 cents and the building situated therein comprised in Survey No.351/3-2 of Needakara Village. His objection to the prayer for restraining him from taking possession of property pursuant to Ext.P2 sale deed, dated 15.9.2017 was, however, upheld by the impugned order passed on 28.3.2018.

(2.) Petitioner in O.P.602/2017 is the former husband, who sued his former wife, two major daughters and others, for a decree declaring Ext.P2 sale deed as void on the ground of it being violative of Ext.P4 mediation settlement dated 2.12.2013 entered into between spouses in the connected litigations and also for consequential injunction. He married the first respondent-wife in the O.P on 8.5.1997 and the respondents 2 and 3 are his major daughters.

(3.) There were several litigations between spouses pending before the Family Court, Chavara and all the cases were voluntarily settled by them under Ext.P4 mediation agreement executed on 2.12.2013 and it was approved by the Family Court also. Pursuant to the mediation agreement, the marriage was dissolved through mutual consent, by Ext.P3 judgment dated 24.6.2014 issued by the Family court. There were various stipulations set forth in the mediation agreement of which we are concerned only with Clause Nos. 2 and 4. Condition No.2 provided that the husband/petitioner shall transfer his share of joint interest in favour of his daughters who were then only minors. This condition was fulfilled by him and there were no latches on his part. The result was execution of Ext.B3 settlement deed dated 19.6.2014 transferring his rights in the property in the name of minor daughters. Clause No.4 in the mediation agreement obliged the wife to transfer her part of the joint interest also in the name of minor daughters at the time of their marriage. The minor daughters became major after the mediation agreement.