The counter petitioner in M.C. 218/2011 of Family Court, Thiruvalla is the revision petitioner in R.P.(F.C.) No.248/2014, while the petitioners in M.C. No. 218/2011 of Family Court, Thiruvalla, are the revision petitioners in R.P.(F.C.) No. 284/2014. For convenience sake the status of the parties as provided in the lower court is being referred to in these revisions.
2. The petitioners in the lower court filed application for maintenance under section 125 of the Code of Criminal Procedure alleging that the first petitioner is the wife of respondent therein and petitioners 2 and 3 are the children born to them in the wedlock. The learned Family Court Judge, after considering the evidence on record, granted monthly maintenance at the rate of Rs.3,500/- for the first petitioner and Rs.2,000/- each to petitioners 2 and 3 from the date of Order. Challenging the order R.P.(F.C.) Nos. 248 & 284/2014 -2-
not directing to pay maintenance from the date of petition, the petitioners in the lower court filed R.P.(F.C.) No.284/2014, while the liability to pay maintenance and quantum of maintenance were challenged by the respondent in the lower court by filing R.P.(F.C.) No.248/2014 and the respondent in the lower court was ex-parte and the impugned order under challenge is an ex- parte order.
3. When the revisions were pending before this court, the matter has been referred for mediation and the parties have settled the matter in the mediation and arrived at a settlement and signed a memorandum of agreement regarding the manner in which the case will have to be disposed of, which I feel has to be made part of this Order. Certain conditions are being mentioned in the agreement and those conditions will have to be worked out by the parties before the appropriate forum in accordance with law. It is also submitted by both parties that as per the terms of the agreement 15 lakhs has been deposited by the respondent in the lower court and a joint petition for divorce R.P.(F.C.) Nos. 248 & 284/2014 -3-
has been filed before the Family Court and the fixed deposit receipt has been produced before that Court and as per the mediation settlement, the amount can be utilized only after the disposal of the joint petition for divorce. It is also agreed between the parties that a settlement deed will be executed in respect of the joint property in favour of the children and the income from the property can be utilized for the maintenance of the children and both parties agreed that the terms of the settlement can be recorded and the revision petition can be disposed of accordingly.
4. Accordingly, the memorandum of agreement entered into between the parties is recorded and these revision petitions are disposed of accordingly. The memorandum of agreement will form part of the order of this court.
Sd/- K.RAMAKRISHNAN, JUDGE jjj