IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 18093 of 2008(S) -------------------------- AGAINST THE ORDER IN MP 229/2008 IN MC.38/2007 of FAMILY COURT,ERNAKULAM .................... PETITIONER: \ ------------- 1. E.V.VINOD, AGED 36 YEARS, S/O.VASUDHEVAN NAMBIAR, GAYATHRI, NEAR MATHIRAPPILLY HOUSE, CHERANELLORE PO., ERNAKULAM 2. E.V.JAYASREE, AGED 41 YEARS, W/O. RAMANKUTTY, KARIKKATTU HOUSE, SREE PADHAM, CHERANELORE PO., ERNAKULAM BY ADV. SRI.M.L.SURESH KUMAR RESPONDENTS: ------------- E.K.VASUDEVAN NAMBIAR, AGED 78 YEARS, S/O.KESAVAN NAMBIAR, EDAVAZHIYATH THEKKE HOUSE, CHERANELLORE PO., ERNAKULAM BY ADV. SRI.K.C.CHARLES FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.18093/2008 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE ORDER IN M.P.229/2008 IN M.C.38/07 ON THE FILE OF THE FAMILY COURT, ERNAKULAM. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- W.P.(C) No.18093 of 2008 ---------------------------------------------- Dated 25th June, 2008. J U D G M E N T Kurian Joseph, J. This is one of the unfortunate cases, this court had to face and had to deal with. The respondent is the father of the petitioners. Apart from the petitioners, the respondent has another daughter, Smt.E.V.Jayanthi. The relationship between the respondent and his wife Indira got strained and the marriage was dissolved in the year 1996. The father does not want to live with any of his children, despite the persuasive requests by them. He is all alone in his house. In full and final settlement of the entire issues involved in the case, affecting all types of relationships-father and mother, wife and husband, parents and children-the parties have agreed to the following terms :- (1) Smt.E.V.Jayanthi and Sri.E.V.Vinod will pay an amount of Rs.2,500/- each every month to the respondent during his WPC NO.18093/08 2 lifetime. This shall be paid before the 10th of every month. The amount for this month shall be paid before 30.6.2008. (2) Smt.E.V.Jayasree will look after Smt.Indira, the mother of the petitioners. (3) It will be open to all the children to visit their father and be with him whenever they want. Equally, it will be open to the father to visit the children whenever he wants to, and be with them. (4) Towards arrears of maintenance, Jayanthi and Vinod will pay Rs.5,000/- each. The said amount shall be paid before 30.6.2008. There shall be no further liability on either side. (5) The order in M.C.38/07 on the file of the Family Court, Ernakulam will stand modified in terms of the settlement as above and all the coercive steps in the above case (M.C.38/07) will stand recalled. (6) The respondent requests that in case of any health needs, he may be permitted to approach the younger two children. We make it clear that in the event of the respondent approaching Smt.Jayanthi or Sri.Vinod at the place of their avocation/residence, they shall take care of his health needs. We further make it clear that there shall be no further litigation between the parties in future and in case any litigation is WPC NO.18093/08 3 required, the same shall be instituted only with the leave of this court. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- W.P.(C) No.18093 of 2008 ---------------------------------------------- J U D G M E N T Dated 25th June, 2008.