Appeals disposed of in terms of the mediated settlement agreement
In Short
A husband and wife had been fighting a long legal battle in family and high courts over child custody, past maintenance, and financial claims. After the Kerala High Court referred the matter for mediation, the couple reached a peaceful agreement where the husband agreed to pay a total of thirty-four lakh five thousand rupees to settle all claims. The court officially closed the appeals based on this signed settlement.
The Parties
Party A: Dr. Jasim Muhammed (Husband / Appellant)
Party B: Najla Nasar and minor child Hessa (Wife and Child / Respondents and Appellants)
Advocates & Judges
For Party A: Learned Advocate Mr. Lal K. Joseph, Learned Advocate Mr. K.H. Ansar, Learned Advocate Mr. Joseph Kurian Vallamattam, Learned Advocate Mr. V.S. Shiraz Bava, Learned Advocate Mr. P.M. Zafarullah
For Party B: Learned Advocate Mr. K.M. Firoz, Learned Advocate Mr. S. Kannan, Learned Advocate Mrs. M. Shajna
Judge(s): Hon'ble Justice J. Nisha Banu, Hon'ble Justice Shoba Annamma Eapen
What the Case Was About
This case involved a bitter family dispute between a former husband and wife that started in a family court in Kozhikode back in 2013. The family court had previously made partial orders regarding past maintenance payments for the wife and custody arrangements for their minor daughter. Unhappy with those decisions, both the husband and the wife filed multiple appeals in the High Court of Kerala to challenge different parts of the ruling.
Judgment Date
22 September, 2026
The Outcome
The High Court disposed of all connected appeals in terms of the written settlement agreement reached by the husband and wife through the mediation centre. The court recorded that both parties must strictly follow the terms laid out in their memorandum of agreement.
What the Court Looked At
- The court noted that both parties personally appeared and were referred to the Kerala Mediation and Conciliation Centre.
- The court examined a formal Memorandum of Agreement signed by both the husband and wife on 15 September, 2026.
- The court observed that the parties settled all pending claims, including maintenance and child custody, out of their own free will.
- The court noted the agreed financial settlement totaling thirty-four lakh five thousand rupees to be paid by the husband in installments.
- The court recorded that permanent custody of the minor child will remain with the mother, with specific alternate Sunday visitation rights at a local mall.
"The subject matter in dispute between the parties have been settled as per the Memorandum of Agreement... these appeals are disposed of in terms of the Memorandum of Agreement."
What This Means For You
Family disputes can drain your emotions, time, and savings if they drag on in courts for over a decade. In this case, the husband and wife finally found peace not by fighting harder in front of the judges, but by sitting down with a trained mediator and working out a practical compromise. If you are stuck in a bitter marital or custody deadlock, remember that choosing structured mediation can save you years of endless litigation and help you move on with your life. Setback Solutions can help you understand your options and coordinate next steps when you are feeling overwhelmed by a family court dispute.
You Still Have Options
If you are facing a complicated family court battle, struggling with unpaid maintenance, or caught in a bitter custody fight, it can feel like there is no light at the end of the tunnel. You do not have to figure it all out alone; exploring a fresh second opinion, evaluating a mediated settlement, or getting non-judicial guidance can completely change your path forward. Reach out to Setback Solutions for help understanding your options and coordinating the next step. Please remember that Setback Solutions is not a law firm and does not give legal advice or guarantee any court result, but we are here to offer plain-language help and coordination when you need it most.