ORDER : 1. We have heard Mr. Abid Ali Beeran P, learned counsel for the petitioner, and Mr. James P. Thomas, learned counsel for the respondent. 2. It is not in dispute that through a deed of settlement dated 8th April 2024, recorded in the proceedings bearing Crl. Appeal No. 100/2020, titled as Asma K. vs. Rahim Mogral and Others, before the learned Additional Session Judge-III of Kasaragod, the parties have amicably resolved their disputes. 3. The petitioner/wife and the respondent/husband have agreed that their marriage stands dissolved in terms of the judgment and decree dated 30th November 2021 in Original Petition No. 469 of 2020, passed by the Family Court, Kasargod, Kerala. 4. The terms of settlement served across the bar are taken on record, and the relevant portions are as follows: "(a) The respondent No.1 accepted the decree for divorce dated 30-11-2021 obtained by the petitioner herein against the respondent No.1 herein in O.P No. 469/2020 on the file of Family Court of Kasaragod. Respondent No. I admits that the petitioner herein is his divorced wife. The respondent No.1 shall report the above settlement of disputes before the Hon'ble Supreme Court of India thorough their lawyer. The respondent No.1 shall report his no objection to decree granted to the petitioner in the above referred O.P No. 469/2020 granting her divorce. (b) The respondent No.1 agreed to pay an amount of Rs. 4,00,000/- (Rupees four lakh only) to the petitioner herein towards the reasonable and fair provision and maintenance and towards all other benefits entitled by the petitioner herein being his divorced wife under the provisions of the Muslim Women (Protection of Rights on Divorce) Act and towards the settlement of whole claims made in M.C No. 60/2017 on the file of Judicial First Class Magistrate -II of Kasaragod. (c) Out of the above agreed amount of Rs. 4,00,000/- (Rupees four lakh only), respondent No.1 paid today to the petitioner an amount of Rs. 1,50,000/- (Rupees five lakh only). The respondent No.1 already deposited an amount of Rs. 2,50,000/- (Rupees two lakh fifty thousand only) before the Judicial First Class Magistrate - II of Kasaragod as per the Order in C.M.P No. 939/2022 in M.C No. 60/2017. Towards the payment of the balance above agreed amount, the respondent No.1 hereby grants his no objection in releasing the said amount to the petitioner herein.
2,50,000/- (Rupees two lakh fifty thousand only) before the Judicial First Class Magistrate - II of Kasaragod as per the Order in C.M.P No. 939/2022 in M.C No. 60/2017. Towards the payment of the balance above agreed amount, the respondent No.1 hereby grants his no objection in releasing the said amount to the petitioner herein. The petitioner is entitled to withdraw the said amount of Rs. 2,50,000/- (Rupees two lakh fifty thousand only) without any requirement of notice to the respondents herein being the balance amount which she entitled from the respondent No.1 as stated above. (d) On receipt of the above amount of Rs.4,00,000/-(Rupees four lakh only) and on passing of the order by House Supreme Court of India in SLP (C) No. 5109 / 2023 confirming the decree for divorce granted in O.P No. 469/2020 on the file of Family Court of Kasaragod, the petitioner shall not have any right to make any further claim against the respondents. (e) The respondent No.1 herein shall file a memo not pressing the further prosecution of the suit filed by him against the petitioner herein and others as O.S No. 352/2022 on the file of Principal Munsiff of Kasaragod." 5. In view of the above settlement, the impugned judgment dated 06.02.2023 in Mat. Appeal No. 559 of 2022 passed by the High Court of Kerala at Ernakulam is set aside, and the one passed by the trial Court is affirmed. 6. It is mutually agreed that all matrimonial issues between the parties stand resolved. 7. The petitioner/wife has received the agreed alimony and maintenance, and her complaint in M.C. No.60/2017 before the First Class Magistrate-II, Kasaragod, Kerala stands quashed. 8. The petitioner is at liberty to withdraw the amount deposited by the respondent in terms of the settlement. 9. The Special Leave Petition is disposed of as such. 10. Pending application(s), if any, shall stand disposed of.