IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19779 of 2008(S)
1. T.BABY, JITHU BHAVAN, THELLANITHALA,
... Petitioner
Vs
1. ROBINSON, T.C.14/487, CHENNILODE,
... Respondent
For Petitioner :SRI.S.M.PREM
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :23/07/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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W.P.(C) No.19779 of 2008
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Dated this the 23rd day of July 2008
JUDGMENT
Harun-Ul-Rashid,J
The petitioner/mother filed this writ petition for a direction to the
Family Court, Nedumangad to direct the respondent/father to comply with
Ext.P3 order and to hand over the custody of the minor children Jithu and
Chinnu to the petitioner/mother. The petitioner/mother herein filed I.A.
1598/2007 before the Family Court, Nedumangad in O.P. 288/2005
seeking interim custody of her two minor children . The children are now
in the custody and protection of the respondent/father. The parties are
living separately from the year 2004. The Original petition, mentioned
above, was filed by the petitioner/mother for declaring her as the guardian
of the minor children and for their permanent custody . The Family court
Nedumangad, disposed of I.A. 1598/2007 by Ext.P3 order. The petitioner/
mother is allowed to see the children at the court premises on all 1st
Saturdays from 10 a.m. to 12 noon.
As directed by us the petitioner, respondent and their two children
are present today. We have talked to the parties extensively. The parties
requested this Court to settle the disputes between them for ever. The
parties are economically very weak. Therefore they submitted before us
that they are unable to continue the litigation. They have also agreed for
arrangements regarding custody of the minor children. Accordingly we
W.P (C) No.19779 of 2008 -2-
direct that the custody of the two minor children shall continue with the
respondent/father. The petitioner/mother is entitled to temporary custody
for a period of two days in alternate weeks and for a period of one week
each during Onam and Christmas holidays (first one week) and also for
one month during summer holidays. The respondent/father agreed to take
the children to the petitioner’s native place and hand over the children at
10 a.m on Saturdays and shall collect the children on the following
Sunday at 5 p.m from the premises of the Salvation Army Church,
Vellanadu. The same timings are also applicable for Onam and
Chirstmas holidays and summer holidays as well. The respondent/father
shall hand over the children to the petitioner/mother at the same premises.
in view of the arrangement regarding custody regarding the chilldren,
O.P 288/2005 pending before the Family Court, Nadumangad is
strucked off from its file. If any modification is necessary in future, the
parties shall be at liberty to approach this Court.
This writ petition is disposed of as above.
KURIAN JOSEPH, JUDGE
HARUN-UL-RASHID, JUDGE
es