IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34561 of 2009(M)
1. BOBY JOSEPH, AGED 41 YEARS,
... Petitioner
Vs
1. DISTRICT SUPERINTENDENT OF POLICE
... Respondent
2. CIRCLE INSPECTOR OF POLICE,
3. SUB INSPECTOR OF POLICE KOTHAMANGALAM
4. SRI.C.O.DEVASSY,
5. SRI.SIJO SEBASTIAN,
6. SINI SEBASTIAN,
7. SRI.V.K.JOSEPH,
For Petitioner :SRI.THOMAS ABRAHAM
For Respondent :SMT.R.PADMAKUMARI
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :08/12/2009
O R D E R
KURIAN JOSEPH & C.T.RAVIKUMAR, JJ.
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W.P(C)No.34561 of 2009
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Dated this the 8th day of December, 2009
JUDGMENT
Kurian Joseph, J.
Petitioner approached this court seeking police
protection. 6th respondent is the wife of the petitioner. 4th
respondent is the father-in-law and 5th respondent is the brother-
in-law of the petitioner and 7th respondent is the maternal uncle
of the 6th respondent. Finding an element of settlement we
directed the parties to be present before us. Petitioner and the
6th respondent are duly married and they have two children in the
wedlock. Lack of understanding and misunderstanding, both
cropped up in between them and their family life was in trouble.
Thanks to the efforts taken by this court and thanks to the
conciliation at the instance of learned counsel Smt.Priya.P.K., we
find that the parties have decided to forgive each other and
forget the past. Petitioner has promised that he will not in any
way cause any emotional disturbance to the 6th respondent. It is
submitted that past is dead and buried and they are starting their
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life in a clean slate. The 6th respondent in turn submits that she
will not in any way give room for any complaints whatsoever in
future and the petitioner and the 6th respondent themselves will
try to resolve their problems. Both sides also submit that in case
they need any assistance they will first seek the assistance of the
learned Conciliator Smt.Priya.P.K. Both sides are hopeful that
there will not be any occasion for the same. Petitioner also
submits that at the earliest he will be able to find out a separate
residence to live with the 6th respondent, atleast for a few months
in exclusion of all others. We direct the petitioner to find out a
residence at the earliest, at any rate within one month from
today. Petitioner submits that he will resume his normal work at
Elite, Angamaly or in a better place. The submission made by
both Boby and Sini that they will not hereafter part either in body
or mind or heart is also recorded.
2. We find that the 6th respondent has filed
O.P.No.743/2009 on the file of the Family Court, Ernakulam in
the matter of custody of the children. Now that the parties have
settled their disputes and purchased peace between them, it is
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not necessary to continue the said original petition. Accordingly
O.P.No.743/2009 on the file of the Family Court, Ernakulam will
stand struck off from its file. We also make it clear that
proceedings, if any, pending before the Vanitha Cell, Aluva, need
not be pursued in view of the settlement as above.
3. We direct the petitioner to pay an amount of Rs.6,000/-
(Rupees Six Thousand only) to the Conciliator towards
remuneration.
The writ petition is disposed of as above.
(KURIAN JOSEPH, JUDGE)
(C.T.RAVIKUMAR, JUDGE)
ahg.
KURIAN JOSEPH &
C.T.RAVIKUMAR, JJ.
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W.P(C)No.34561 of 2009
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JUDGMENT
8th December, 2009