IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(C).No. 31549 of 2009(R) -------------------------- IA.NO.290/09 IN OP.257/2009 of FAMILY COURT, KANNUR .................... PETITIONER: --------------- T.V.RAMANI,AGED 48 YEARS, W/O.ASHOKAN, THAZHEVALAPPIL HOUSE, CHEMMARASSERI PARA, AZHIKKODE,KANNUR-9. BY ADV. SRI.P.U.SHAILAJAN RESPONDENTS: --------------- 1. K.ANSHA, AGED 19 YEARS,D/O.SURESHAN, RESIDING AT ARAYAKKANDI HOUSE,NEAR RAILWAY CUTTING VALAPATTANAM.PO,KANNUR. 2. T.V.SANESH,AGED 26 YEARS,S/O.ASHOKAN, RESIDING AT THAZHEVALAPPIL HOUSE,CHEMMARASSERIL PARA,AZHIKKODE,KANNUR-9. ADV. SRI.V.R.KESAVA KAIMAL FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(C)No.31549 OF 2009 ----------------------------------------------------- DATED THIS THE 2nd DAY OF DECEMBER, 2009 J U D G M E N T Basant, J. The petitioner, paternal grandmother of a minor male child, aged two years, has come to this Court with this Writ Petition to challenge the direction issued by the Family Court in a pending O.P. to hand over the child to the first respondent herein, i.e., the mother of the child. The spouses have separated and a decree of divorce has already been passed by mutual consent terminating their marital tie. O.P.No.257/2009 was filed by the first respondent herein claiming custody of the child. In that O.P., the impugned interim order was passed. Pending the O.P., the custody of the child was handed over to the first respondent/mother as per the orders passed by this Court, in execution of the impugned order. Both parties have appeared before this Court. The first respondent has brought the child also. Parties were referred to the Mediator. The Mediator has W.P.(C)No.31549/09 -2- submitted a report to inform the Court that the parties have settled all their outstanding disputes. Both counsel pray that the settlement arrived at in the presence of the Mediator may be accepted by this Court and the impugned order may now be set aside. They pray that O.P.No.257/09 may also be ordered to be closed and it may be directed that the agreement arrived at between the parties must be followed by the parties until modified in accordance with law. 2. We have heard both counsel. The stipulations in the agreement do sound a little odd to us. But both counsel submit that the parties have willingly and voluntarily agreed to the terms and they shall abide by the terms. 3. Parties' autonomy in a proceedings like this will have to be respected by the Court and we are satisfied that the agreement arrived at between the parties in the presence of the Mediator can be accepted. 4. In the result: W.P.(C)No.31549/09 -3- (a) this Writ Petition is allowed. (b) the impugned order is set aside. (c) The agreement dated 2.12.2009 arrived at between the parties in the mediation held today at the Kerala Mediation Centre, Ernakulam duly signed by the parties and counter signed by their respective counsel, is accepted. The said agreement shall form part of this judgment. The said agreement shall have the effect of an order passed by the Family Court and the same shall be reckoned as the order in O.P.No.257/2009. (d) O.P.No.257/2009 shall hence stand allowed in terms of the joint statement which shall form part of the judgment in this Writ Petition. (e) To modify the terms of the agreement or to enforce the terms of the said agreement W.P.(C)No.31549/09 -4- which shall be reckoned as the order of the Family Court in O.P.No.257/2009, the parties shall be at liberty to approach the Family Court, Kannur. 5. Communicate copy of this judgment forthwith to the Family Court which shall thereupon close the proceedings in O.P.No.257/2009 in terms of this judgment. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn W.P.(C)No.31549/09 -5- R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(C)No.31549 OF 2009 ----------------------------------------------------- DATED THIS THE 16th DAY OF NOVEMBER, 2009 O R D E R Basant, J. The respondent has entered appearance. The learned counsel for the respondent complains that the respondent/mother has not been given the custody of the child. The child is a two year old child. We are satisfied that an attempt can be made to settle the dispute by reference to a Mediator. Both parties shall appear before this Court on 24.11.2009. The petitioner herein shall bring the child also before this Court on that day. 2. Call on 24.11.2009. Inform the Nodal Officer, who shall make the services of a Mediator available to the parties on that day. If there be no mediated settlement, appropriate orders shall be passed on that day itself. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. W.P.(C)No.31549/09 -6- dsn