IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 30665 of 2007(S)
1. ABDUL GAFOOR, AGED 42 YEARS,
... Petitioner
Vs
1. RAHMATHUNNEESA, S/O NECHIKKADAN
... Respondent
2. ARSHIDA K.T.,MINOR, REPRESENTED BY
For Petitioner :SRI.BABU S. NAIR
For Respondent :SMT.K.V.RESHMI
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :08/04/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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W.P.(C)NO. 30665 OF 2007
&
R.P.(F.C.)NO.322 OF 2007
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Dated this the 8th day of April, 2008
JUDGMENT
Harun-Ul-Rashid, J.
The respondent in O.P. No.519 of 2007 on the file of the Family
Court, Malappuram is the petitioner herein. The Writ Petition is filed for a
declaration that the entire proceedings in O.P. No.519 of 2007 is without
jurisdiction and for a direction to terminate the said proceedings and for
other ancillary reliefs. R.P.(F.C.) No.322 of 2007 is filed challenging the
order passed by the Family Court, Malappuram dated 20.6.2007 in M.C.
No. 638 of 2006. By order dated 3.12.2007, we directed M/s. Rajiv
Gandhi Centre for Biotechnology, Thiruvananthapuram to conduct a
D.N.A. test of the parties and to forward a report to this Court. The said
institution conducted the test and has reported that the petitioner is the
father of Arshida, the second respondent.
2. When both these cases came up for final hearing, we directed the
parties to be present before this Court in order to thrash out the possibility
of a settlement. Accordingly, the parties appeared before us on 18.2.2008
and subsequently today also. The petitioner is happy with the result of the
W.P.(C)NO.30665/2007
& R.P.(F.C.)NO.322/2007 2
D.N.A. test and has submitted before us that he is prepared to accept
Arshida as his daughter. He has agreed to pay maintenance to his
daughter at the rate of Rs.1,500/- per month from April, 2008 onwards and
also an amount of Rs.56,000/- towards past maintenance within a period
of three months from today. The petitioner has also agreed that he will
meet the marriage expenses of his daughter. In case the terms of
settlement as stated above are not complied with by the petitioner/father,
the first respondent/mother is at liberty to move this Court.
3. It is submitted that the child Arshida is studying in the 10th
standard. The petitioner/father shall have custody of the child for two days
a month, from 10 a.m. on second Saturdays till 5 p.m. the next day. He
shall also have custody of the child for three days each during Onam and
Christmas holidays and for a period of two weeks during summer vacation.
In view of the compromise as above, W.P.(C) No.30665 OF 2007
and R.P.(F.C.)No.322 OF 2007 are closed.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
sp/
W.P.(C)NO.30665/2007
& R.P.(F.C.)NO.322/2007 3
KURIAN JOSEPH &
HAURN-UL-RASHID, JJ.
W.P.(C)NO.30665/2007
&
R.P.(F.C.)NO.322/2007
JUDGMENT
8TH APRIL, 2008