IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat.Appeal.No. 879 of 2008()
1. GEORGEKUTTY JOSEPH, S/O.JOSEPH,
... Petitioner
Vs
1. JISHA VARGHESE, D/O.VARGHESE,
... Respondent
2. CELINE JOY, KURUMBIL HOUSE,
3. THE PRINCIPAL, ST.THOMAS PUBLIC SCHOOL,
For Petitioner :SRI.JACOB E SIMON
For Respondent :SRI.MOHAN JACOB GEORGE
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :17/07/2009
O R D E R
R.BASANT & M.C.HARIRANI, JJ.
* * * * * * * * * * * * *
Mat.Appeal No.879 of 2009
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Dated this the 17th day of July 2009
J U D G M E N T
BASANT,J
This appeal is preferred by the appellant/father against an
order passed by the Family Court regarding the custody of the
minor child born to him and the 1st respondent herein. The child
is now aged 6 years. By the impugned order, the Family Court
had given the custody of the child to the mother subject to
observations and conditions.
2. When the parties came before this court, it was felt
that this is a case where a conciliated statement must be
preferred to an adjudicated resolution of the controversy.
Accordingly, the parties were referred to a mediator. Continuous
parleys were held by the mediator. We had occasion to interact
with the parties, the mediator and the counsel for the parties at a
time when the effort at mediation had almost failed But thanks
to the efforts of the mediator Smt.Zohra as also the sublime
assistance rendered to her by their respective counsel, we are
happy to note that the matter has now been settled between the
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parties. A mediated settlement has been executed and the
mediator has filed the same before court. The mediated
settlement is signed by the appellant/father and the first
respondent/mother of the child. The joint statement is duly
countersigned by their respective counsel. Both counsel pray
that this appeal may be allowed in terms of the joint statement
filed by them.
3. We find the request to be absolutely reasonable. We
are satisfied about the justice of the terms of the settlement. We
accept the same.
4. This appeal is accordingly allowed and disposed of in
terms of the statement filed by the parties. The joint statement
shall form part of this judgment. The terms of the joint
statement shall be enforcible as if they are directions of the
court. In clause No.11 of the joint statement, there is a
stipulation that C.C.No.550/07 pending before the J.F.C.M
Changanassery may be quashed. Both counsel submit that the
parties shall take immediate steps to file a proper application
under Section 482 Cr.P.C to quash the said prosecution.
5. There were still some surviving disagreements
between the parties. After discussions in court, they have also
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been sorted out. In addition to the joint statement/settlement
report, we hence issue the following further directions also.
i) The child Lyn Elizabeth George shall today be handed
over to the appellant herein who shall produce the child before
this court on 27/7/2009.
ii) On 27/7/2009, the child shall be handed over to the
custody of the mother, the respondent herein. The respondent
shall be at liberty to take the child to the Embassy and make all
necessary arrangements for getting visa and other travel
documents. Thereafter, the child shall be produced before this
court by the respondent on or before 17/8/2009. The child shall
then be handed over to the father and he shall be permitted to
keep the child in his custody until a further date to be prescribed
by the court.
iii) On or before 17/8/2009, the respondent shall inform
this court, the date on which she proposes to leave India with the
child. Appropriate further directions will be issued fixing a date
on which the child (who shall be in the custody of the father after
17/8/2009) is to be returned by the appellant to the respondent.
After the child is so returned, the respondent shall be permitted
to take the child with her to Ireland subject to the terms of the
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settlement.
iv) It is further stipulated that until further orders the
child when she is in his custody shall be kept by the appellant at
the residence of his sister Celin at Punalur, and the appellant
shall keep the S.H.O of the Punalur police station informed of the
movements of the child, if he were to take the child out of the
jurisdiction of that police station. The police shall monitor and
ensure that this direction is complied with. The learned
Government Pleader shall convey this direction to the police.
6. As directed above, call this petition again on
27/7/2009. The child will be produced and handed over to the
custody of the mother on that day.
Hand over copy of this order to the learned counsel for the
petitioner as also to the learned Government Pleader.
(R.BASANT, JUDGE)
(M.C.HARIRANI, JUDGE)
jsr
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Mat.Appeal No.879/08 6
R.BASANT & M.C.HARIRANI, JJ.
.No. of 200
ORDER/JUDGMENT
18/06/2009