IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13003 of 2009(U)
1. K.MADHUKUMAR,S/O.KRISHNANACHARY,
... Petitioner
Vs
1. COMMISSIONER OF POLICE,
... Respondent
2. CIRCLE INSPECTOR OF POLICE,
3. PADMAKUMARI,D/O.KRISHNAMMAL,
4. PARAMESWARAN,ARUN NIVAS,TC 41/1059,
For Petitioner :SRI.M.SREEKUMAR
For Respondent :SRI.DILIP MOHAN
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :07/12/2009
O R D E R
KURIAN JOSEPH & C.T.RAVIKUMAR, JJ.
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W.P.(C).No.13003 of 2009
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Dated this the 7th day of December, 2009
JUDGMENT
Kurian Joseph,J.
The petitioner approached this court seeking police
protection. Finding an element of settlement, we directed the
parties to be present before this court. Thanks to the step
taken by this court and thanks to the strenuous efforts taken
by Sri.K.I.Abdul Rasheed, Conciliator cum Mediator, the
disputes have been amicably settled between the additional
second petitioner and the third respondent. Following are the
terms of settlement.
a) This settlement is arrived at in suprecession of
terms of compromise arrived at between the
parties as per joint compromise petition dated
26/5/2008 in O.P.No.94/2005 on the files of the
Family Court, Thiruvananthapuram.
b) The additional 2nd petitioner shall have the custody
of the minor child “Goutam Krishan” form Monday
W.P.(C).No.13003 of 2009
2
to Friday and the third respondent shall have the
custody of the child on Saturday and Sunday.
c) The Additional 2nd Petitioner shall take the child to
the residence of 3rd respondent on Friday after the
school hours either in person or through his
representative. The child shall be handed over the
Additional 2nd petitioner or his representative on
Monday morning sufficiently early, so that the
child can reach the school in time.
d) During summer holidays the 3rd respondent shall
have custody for the initial 45 days and the
additional 2nd petitioner shall have custody for the
remaining 15 days.
e) During Onam and Chirstmas Holidays the third
respondent shall have custody for the initial >
period of vacation days and the additional 2nd
Petitioner shall have custody for the remaining
< period.
f) The additional 2nd petitioner shall be at liberty to
select a school of his choice for the education of
W.P.(C).No.13003 of 2009
3
the minor and he shall meet all expenses for the
education. The respondent will be at liberty to visit
the child in school and to ascertain his academic
performance without causing any embarrasment
to the Additional 2nd petitioner. Parties hereby
undertake that they will not raise any allegations
against each other before school authorities.
g) The parties shall not file any litigations or
complaints against each other before any court or
any other authorities.The additional 2nd petitioner
and third respondent shall withdrawn I.A.No.1132/ 2009
filed in O.P.No.94/2005 on the file of Family Court,
Thiruvananthapuram.
h) The first petitioner shall not be disturbed in any
manner by respondents 3 and 4 or their relatives.
i) The terms of this settlement will be effect from
1/6/2010 onwards and till then the terms of
settlement arrived at between the parties on
26/5/2008 in O.P.No.94/2005 on the files of the
Family Court, Thiruvananthapuram will be strictly
W.P.(C).No.13003 of 2009
4
complied with by both parties.
j) In case any dispute arises regarding the terms of
settlement additional 2nd Petitioner and the 3rd
respondent through their counsels are at liberty to
seek the assistance of Sri.K.I.Abdul Rasheed, who
is the mediator in the matter.
2. The above terms are recorded. The writ petition is
disposed in terms of settlement. The second petitioner shall
pay an amount Rs.5,000/- (Rupees Five Thousand only)
towards remuneration to the mediator within two weeks.
(KURIAN JOSEPH, JUDGE)
(C.T.RAVIKUMAR, JUDGE)
ssn