IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 Mat.Appeal.No. 712 of 2007() ---------------------------- AGAINST THE ORDER IN & OP. 530 & 536/2006 of FAMILY COURT, MALAPPURAM .................... PETITIONER: ------------ MOHAMMED ASHRAF, CHETTIAM PARAMBIL, S/O. RAYIN KUTTY, CHERIYAMUNDAM P.O., TIRUR, MALAPPURAM. BY ADV. SMT.P.K.RADHIKA RESPONDENTS: ------------- 1. FEBIN, W/O. MUHAMMED ASHRAF, P.B.NO.61304, APTECH, GULF LIMITED, JEBLALI FREEZON, DUBAI. REPRESENTED BY POWER OF ATTORNEY KUNJI KOYAMUTTI, THACHARAKKAL (H), TIRURANGADI. 2. PASSPORT OFFICER, KOZHIKODE. BY ADVS. SRI.P.M.MOHAMED ALI SRI.AYPE JOSEPH THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER IN I.A. NO. 3022 OF 2007 IN MAT. APPEAL NO. 712 OF 2007. DISMISSED 28.3.2008 Sd/-(KURIAN JOSEPH, JUDGE) Sd/-(HARUN-UL-RASHID, JUDGE) KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- MAT. APPEAL NO. 712 OF 2007 ---------------------------------------------------------------- Dated this the 28th day of March, 2008 JUDGMENT Harun-Ul-Rashid, J. The appellant, first respondent, their seven year old daughter and the relatives of both sides are present. Learned conciliators-cum-mediators, Advs. Smt. Bindu Sreekumar and Aisha Yousuf appointed by this Court had held discussions with the parties. We have also talked to the parties at length. We are happy to note that the parties have arrived at a settlement. As per the terms of the compromise, the first respondent has agreed to withdraw all the cases initiated by her which are pending before the Shariat Court, Dubai. The appellant has also agreed to withdraw the appeal filed before the Appellate Court at Dubai. challenging the decree of divorce passed by the said court. The first respondent also agreed to withdraw the execution petition and other proceedings, if any, in respect of all claims including maintenance for herself and her child. The appellant has further agreed to withdraw the cases filed for restitution of conjugal rights and custody of the child. 2. The first respondent and her family members are at present Mat. Appeal No.712/2007 2 residing in Dubai. The appellant is employed in Abu Dhabi. With regard to the custody of the minor child, the parties have agreed that the appellant/father can have custody of the child from 10 a.m. to 5 p.m. on the first Friday and third Saturday of every month either at the residence of the first respondent or at Alnahada park. The appellant is free to mingle with the child during the visits. If the appellant takes the child out, either the first respondent or her father shall accompany the child. It is submitted by the first respondent that she and her family will be visiting Kerala only once a year. We direct the first respondent to hand over the child to the appellant for ten days during such visits. The first respondent shall inform the appellant of her visit at least a week prior to the visit. The terms of compromise agreed to and as submitted above by the parties are recorded. We record our appreciation for the earnest efforts taken by the learned counsel in settling the issues. The Matrimonial Appeal is disposed of as above. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ Mat. Appeal No.712/2007 3 KURAIN JOSEPH & HAURN-UL-RASHID, JJ. Mat. Appeal No.712/2007 JUDGMENT 28TH MARCH, 2008