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Jayachandran

High Court Of Kerala|27 June, 2014
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JUDGMENT / ORDER

The revision petitioner herein is aggrieved by an order obtained by the 1st respondent against him under the provisions of Protection of Women from Domestic Violence Act. His marriage with the 1st respondent stands nullified by a decree of the competent Family Court in O.P No.322/2011. In M.C No.87/2011 the Judicial First Class Magistrate Court-I, Vaikom, directed the revision petitioner to pay maintenance to the 1st respondent at the rate of ₹2,000/- per month, and also to pay cost of ₹1,000/-. In appeal, brought by the revision petitioner as Crl.A No.208/2012 the trial court order was confirmed. Challenging the legality of the two orders the husband brought this revision petition before this Court. Pending the proceedings the matter was referred to mediation. Both the parties accordingly appeared before the mediator, and on effective mediation the parties came to terms, and settled the whole dispute amicably. Accordingly, a memorandum of settlement was also signed by them in the presence of the mediator. The said memorandum Crl.R.P No.982 of 2013 2 was forwarded to this Court from the mediation centre. The respondent has consented to have the trial court order, and the appellate court order set aside on payment of a lumpsum amount of ₹45,000/-, and she has also agreed to co-operate for disposal of the criminal case (C.C.No.801/2013) without any order of conviction. I am satisfied that the parties have resolved the dispute forever amicably, and that the respondent no longer wants any order or protection under the Domestic Violence Act. The trial court order, and also the appellate order, can accordingly be set aside in terms of compromise.
In the result, this revision petition is allowed in terms of the memorandum of settlement signed by the parties before the mediator. Accordingly, the order of the trial court in M.C.No.87/2011, and also the order of the Sessions Court, Kottayam in Crl.A No.208/2012 will stand set aside. The memorandum of settlement signed by the parties will find part of this order.
P.UBAID JUDGE ab
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Title

Jayachandran

Court

High Court Of Kerala

JudgmentDate
27 June, 2014
Judges
  • P Ubaid