High CourtsDivision Bench(2023) 11 KL CK 0184

Parasd T. Koshy vs Joshna Anna Johnson

High Court Of Kerala · Decided on 16 November 2023

HON’BLE JUDGES
Amit Rawal, J · C.S. Sudha, J
RESULT
Disposed Of
CASE NUMBER
Matrimonial Appeal No. 462 Of 2023

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Judgment

5 paragraphs · 242 words

Amit Rawal, J.

1.

Husband filed appeal against the judgment and decree dated 31.03.2023 rendered in O.P.No.1030 of 2021 in Family Court, Malappuram filed by the respondent wife, granting divorce. Parties approached this Court and were sent to the Kerala State Mediation and Conciliation Centre of this Court wherein, as per the settlement dated 16.10.2023, have arrived at an agreement. Copy of the same is signed by us witnessed by the lawyers and taken on record as Ext.C1.

2.

I.A.No.1 of 2023 has been filed under Section 10A of the Indian Divorce Act (hereinafter referred to as ‘the Act’, for short), for granting mutual divorce on the ground that husband has agreed to pay sum of Rs.2,50,000/- (Rupees Two lakh fifty thousand only) by way of any NEFT transfer to the respondent at the time of passing of the mutual divorce which would be towards final settlement of entire martial claim arising out of the marital tie in the present status and in the divorced status.

3.

Learned counsel appearing on behalf of the respondent wife do not deny the settlement arrived at before this Court. Accordingly, we modify the judgment and decree of the trial court and allow the appeal by accepting the application under Section 10A of the Act granting mutual divorce on the same terms and conditions arrived at as per the agreement, which shall be part and parcel of the judgment of this Court.

Appeal stands disposed off.