IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat.Appeal.No. 119 of 2005(E)
1. K.K.KHAN, S/O.KOCHUKUNJU,
... Petitioner
Vs
1. JAYASREE, W/O.K.K.KHAN,
... Respondent
For Petitioner :SRI.N.N.SUGUNAPALAN (SR.)
For Respondent :SRI.P.A.ABDUL JABBAR
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :26/05/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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Mat.Appeal Nos.119/2005,325/2006,
458, 579 & 646/2007
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Dated this the 26th day of May, 2008
Kurian Joseph,J.
Parties are present. We talked to them extensively. We had the
able assistance of Sri.K.Ramachandran. We spent a lot of time for
mediating. Thanks to the co-operation extended by the parties,
thanks to the able assistance of the learned counsel appearing on all
sides and thanks to the efforts taken by the court and of course owing
to the assistance of Sri.K.Ramachandran the parties have decided to
settle the disputes between them in the following terms:-
1) Sri.Khan has handed over an amount of Rs.5 lakhs and has
made a deposit of Rs.4 lakhs in Vaikom Urban Co-operative Bank in
the joint name of Jayasree and Athira and the receipt has been handed
over to Smt.Jayasree.
2) Sri.Khan will pay a further amount of Rs.4 lakhs within a
period of six months in the name of daughter Athira and if in any case
such payment is not made within the said period, Sri.Khan will pay an
amount of Rs.3,000/- per month, till such payment of Rs.4 lakhs is
made. The amount of Rs.3,000/- as above shall be paid before 10th of
every month starting from the month of October, 2008.
3) It will also be open to Smt.Jayasree and Athira to close the
Mat.Appeal Nos.119/2005,325/2006,
458, 579 & 646/2007
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joint investment of the said amount after seeking permission from this
court.
4) Parties agree that they will file a joint petition under Section
13B of the Hindu Marriage Act, 1955.
5) Parties agree that they shall have visitorial rights of the
children. As far as custody of the children is concerned, son shall be
continued with the father and the daughter with the mother. Parents
will facilitate cordial relationship between the children.
6) Parties agree that they shall not move any court for any
litigation pertaining to this dispute and if any clarification is required
and if any dispute arises in future between the parties, they would
move only this court for appropriate clarification of this judgment.
7) Parties agree that the entire cases now pending both on the
civil and criminal side can be closed.
8) Parties agree that they shall have no further claims against
each other in future and that the payments as above in full and final
settlement of the entire claims between them including that of
maintenance, return of gold ornaments, alimony etc.
(9) Until the balance amount of Rs.4 lakhs is paid by Sri.Khan
there will be a charge on the immovable properties referred to in
I.A.No.1119/2008.
Mat.Appeal Nos.119/2005,325/2006,
458, 579 & 646/2007
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2. True, they have decided to part. But in the background of
the disputes between them and particularly in the background of their
separation for the last morel than 11 years, we are also convinced that
separation is in the interests of both the parties. It is heartening to
not that we are able to convince them that even while parting they can
part as friends. We have also convinced the children that though the
father and mother may separate as husband and wife for the children
they are still their father and mother and that they are entitled to
have the love, care, protection and warmth of the father and mother.
Equally the father and mother are liable to extend the same
sentiments to their children.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
ahg.
KURIAN JOSEPH &
HARUN-UL-RASHID, JJ.
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Mat.Appeal Nos.119/2005,325/2006,
458, 579 & 646/2007
JUDGMENT
26th May, 2008