High Court Kerala High Court

Abdul Jaseem vs Samarna on 21 October, 2009

Kerala High Court
Abdul Jaseem vs Samarna on 21 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Mat.Appeal.No. 875 of 2008()


1. ABDUL JASEEM, S/O.K.M.UMMAR,
                      ...  Petitioner
2. K.M.UMMAR, AKKATTUPARAMBIL HOUSE,
3. LAILA UMMAR, W/O.K.M.UMMAR,

                        Vs



1. SAMARNA, AGED ABOUT 19 YEARS,
                       ...       Respondent

                For Petitioner  :SRI.K.ABDUL JAWAD

                For Respondent  :SRI.MOHAN JACOB GEORGE

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

 Dated :21/10/2009

 O R D E R
                  R.BASANT & M.C.HARI RANI, JJ.
          --------------------------------------------------
                     Mat.Appeal No.875 OF 2008
        -----------------------------------------------------
            DATED THIS THE 21st DAY OF OCTOBER, 2009

                             J U D G M E N T

Basant, J.

This appeal is preferred by the appellants aggrieved by the

impugned order passed by the Family Court directing them to pay a

total amount of Rs.6,02,000/- along with interest on the principal

amount of Rs.6 lakhs. This direction has been issued after giving due

credit for the counter claim raised for return of 64 grams of gold

ornaments.

2. The matter has been pending before this Court. The

parties now report that they have settled all their outstanding

disputes. A joint compromise petition has been filed as

I.A.No.3027/2009. The counsel pray that the said joint compromise

petition may be allowed, this appeal may be allowed and the impugned

decree may be set aside recording the fact that all claims and counter

claims have been settled and satisfied. Both counsel submit that it

may be clarified that this compromise shall not affect the rights of the

parties regarding custody of the child or the right of the child to claim

maintenance.

3. We have gone through the compromise statement. We are

Mat.A.No.875/08 -2-

satisfied that the same can be accepted and I.A.No.3027/09 can be

allowed.

4. In the result:

(a) I.A.No.3027/09 is allowed. The said joint

compromise petition shall be annexed to the

appellate decree.

(b) The Mat.Appeal is allowed.

(c) The impugned order is set aside. It is recorded that

the claims and counter claims raised in

O.P.No.629/07 have been settled and satisfied.

(d) It is made clear that this settlement shall not affect

the rights of the child now in the custody of the

respondent to claim maintenance or the right of the

first appellant to claim custody in respect of the

child. Appropriate contentions can be raised and

appropriate decisions of the court solicited on those

aspects by the parties.

R.BASANT, JUDGE.

M.C.HARI RANI, JUDGE.

dsn