High Court Kerala High Court

K.Madhukumar vs Commissioner Of Police on 7 December, 2009

Kerala High Court
K.Madhukumar vs Commissioner Of Police on 7 December, 2009
       

  

  

 
 
  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.
            -----------------------------------------
                 W.P.(C).No.13003 of 2009
            -----------------------------------------
        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