High Court Kerala High Court

Georgekutty Joseph vs Jisha Varghese on 17 July, 2009

Kerala High Court
Georgekutty Joseph vs Jisha Varghese on 17 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Mat.Appeal.No. 879 of 2008()


1. GEORGEKUTTY JOSEPH, S/O.JOSEPH,
                      ...  Petitioner

                        Vs



1. JISHA VARGHESE, D/O.VARGHESE,
                       ...       Respondent

2. CELINE JOY, KURUMBIL HOUSE,

3. THE PRINCIPAL, ST.THOMAS PUBLIC SCHOOL,

                For Petitioner  :SRI.JACOB E SIMON

                For Respondent  :SRI.MOHAN JACOB GEORGE

The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :17/07/2009

 O R D E R
             R.BASANT & M.C.HARIRANI, JJ.
                     * * * * * * * * * * * * *
                    Mat.Appeal No.879 of 2009
                    ----------------------------------------
               Dated this the 17th day of July 2009


                          J U D G M E N T

BASANT,J

This appeal is preferred by the appellant/father against an

order passed by the Family Court regarding the custody of the

minor child born to him and the 1st respondent herein. The child

is now aged 6 years. By the impugned order, the Family Court

had given the custody of the child to the mother subject to

observations and conditions.

2. When the parties came before this court, it was felt

that this is a case where a conciliated statement must be

preferred to an adjudicated resolution of the controversy.

Accordingly, the parties were referred to a mediator. Continuous

parleys were held by the mediator. We had occasion to interact

with the parties, the mediator and the counsel for the parties at a

time when the effort at mediation had almost failed But thanks

to the efforts of the mediator Smt.Zohra as also the sublime

assistance rendered to her by their respective counsel, we are

happy to note that the matter has now been settled between the

Mat.Appeal No.879/08 2

parties. A mediated settlement has been executed and the

mediator has filed the same before court. The mediated

settlement is signed by the appellant/father and the first

respondent/mother of the child. The joint statement is duly

countersigned by their respective counsel. Both counsel pray

that this appeal may be allowed in terms of the joint statement

filed by them.

3. We find the request to be absolutely reasonable. We

are satisfied about the justice of the terms of the settlement. We

accept the same.

4. This appeal is accordingly allowed and disposed of in

terms of the statement filed by the parties. The joint statement

shall form part of this judgment. The terms of the joint

statement shall be enforcible as if they are directions of the

court. In clause No.11 of the joint statement, there is a

stipulation that C.C.No.550/07 pending before the J.F.C.M

Changanassery may be quashed. Both counsel submit that the

parties shall take immediate steps to file a proper application

under Section 482 Cr.P.C to quash the said prosecution.

5. There were still some surviving disagreements

between the parties. After discussions in court, they have also

Mat.Appeal No.879/08 3

been sorted out. In addition to the joint statement/settlement

report, we hence issue the following further directions also.

i) The child Lyn Elizabeth George shall today be handed

over to the appellant herein who shall produce the child before

this court on 27/7/2009.

ii) On 27/7/2009, the child shall be handed over to the

custody of the mother, the respondent herein. The respondent

shall be at liberty to take the child to the Embassy and make all

necessary arrangements for getting visa and other travel

documents. Thereafter, the child shall be produced before this

court by the respondent on or before 17/8/2009. The child shall

then be handed over to the father and he shall be permitted to

keep the child in his custody until a further date to be prescribed

by the court.

iii) On or before 17/8/2009, the respondent shall inform

this court, the date on which she proposes to leave India with the

child. Appropriate further directions will be issued fixing a date

on which the child (who shall be in the custody of the father after

17/8/2009) is to be returned by the appellant to the respondent.

After the child is so returned, the respondent shall be permitted

to take the child with her to Ireland subject to the terms of the

Mat.Appeal No.879/08 4

settlement.

iv) It is further stipulated that until further orders the

child when she is in his custody shall be kept by the appellant at

the residence of his sister Celin at Punalur, and the appellant

shall keep the S.H.O of the Punalur police station informed of the

movements of the child, if he were to take the child out of the

jurisdiction of that police station. The police shall monitor and

ensure that this direction is complied with. The learned

Government Pleader shall convey this direction to the police.

6. As directed above, call this petition again on

27/7/2009. The child will be produced and handed over to the

custody of the mother on that day.

Hand over copy of this order to the learned counsel for the

petitioner as also to the learned Government Pleader.

(R.BASANT, JUDGE)

(M.C.HARIRANI, JUDGE)
jsr

Mat.Appeal No.879/08 5

Mat.Appeal No.879/08 6

R.BASANT & M.C.HARIRANI, JJ.

.No. of 200

ORDER/JUDGMENT

18/06/2009