IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 WP(C).No. 32646 of 2009(A) -------------------------- PETITIONER(S): ------------------- K.ANEESH, S/O.ARUMUKHAN, SAVANA, ARIYALLOOR P.O., MALAPPURAM DISTRICT, 676 312. BY ADV. SMT.K.L.LAKSHMI RANI SRI.R.KRISHNAKUMAR (CHERTHALA) RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, THENJIPALAM POLICE STATION, CALICUT UNIVERSITY, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, PARAPPANANGADI POLICE STATION, MALAPPURAM. 3. THE CIRCLE INSPECTOR OF POLICE, THANUR, MALAPPURAM. 4. THE SUPERINTENDENT OF POLICE, MALAPPURAM. 5. SIBI P., D/O.BALAN, SURABHI, KAKKAYANGAD, KANNUR DISTRICT. 6. BALAN, SURABHI, KAKKAYANGAD, KANNUR DISTRICT. BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS ADV. SRI.T.A.SHAJI FOR R5 & R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32646 of 2009 APPENDIX PETITIONES EXHIBITS: EXT.P1: TRUE COPY OF THE REPRESENTATION DATED 11/11/2009 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT /TRUE COPY/ PA TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR,JJ ------------------------------------------ W.P.(C).No.32646 of 2009 -------------------------------- Dated this the 24th day of November,2009 JUDGMENT Kurian Joseph.J Petitioner approached this court complaining of police harassment. Finding that the issue pertains to matrimonial disputes we directed the parties to approach Kerala Mediation Centre.The Mediator Adv.P.R.Shaji has reported that the disputes have been settled. The following are the terms of settlement. 1. Both parties (petitioner and respondents 5 and 5) shall withdraw all cases filed against each other i.e. Crime No.364 of 2006 of Thenjipalam Police Station and other cases, if any. 2. Originals of all certificates of Mrs. Sibi shall be handed over to her by Mr.Aneesh through their counsel. 3. Petitioner husband and 5th respondent wife shall life separately for 6 months from today onwards for probing the possibility of reconciliation, meanwhile both of them and their family members shall consult a psychologist and co-operate with the conciliation. Both parties shall undertake that they will not take away the child to any foreign county or any remote place without the consent of the other. Hereinafter, from Monday to Friday father will take the custody of the child from 9.30 a.m to 7.p.m. All week end days except first and third Sunday the custody of the child will be with the mother, on first and third Sunday the custody of the child will be with the father (9.30.am. to 7.p.m).During Christmas holidays W.P.(C).No.32646 of 2009 2 mother will take the custody for five days and she will take the child to her home at Iritty and rest of the five days with the father. (9.30.am to 7.p.m). On March 24, the birthday of the child, the custody of the child will be with mother and she will be the custodian of the child. The child will be with mother from 23rd to 25th and in the next Sunday the custody of the child will be with father (9.30.am to 7.p.m). On Malayalam Era birthday (Meenam, Rohini), the custody of the child will be with the father (9.30.a.m to 7.p.m). During Vishu holidays, on the 1st day of the Vishu, the custody of the child will be with father (9.30.a.m to 7.p.m) and on the next day with mother. 2. The above terms are recorded. Having interacted with the parties we also find that there is still room for improvement. The parties are close relatives. They have contracted a marriage which is popularly known as 'love marriage'. Love should not end by marriage, it should continue unto death. They have a child also. Disputes started far later. More than misunderstanding, there is lack of understanding between the parties. In conjugal relationship unless there is a give and take attitude and a free and fair approach in the human relationship, the marriage will not work successfully. We request the parties, having regard of the fact that they have a child to forget the past and forgive each other and try to build up restore the original warmth they had to each other and put an end to all the litigations once for all. We also hasten to add that parents W.P.(C).No.32646 of 2009 3 of both sides have to necessarily render support to sustain the marriage. They shall not allow the support or encourage the parties to pick up new quarrels. Both sides shall pay an amount of Rs.3,000/- (Rupees Three Thousand only) each to the mediator within 10 days. In terms of the compromise the petitioner will hand over the certificates of the fifth respondent through her counsel immediately. Since the parties have purchased peace between them both sides submitted that the criminal case already instituted on the complaint of the fifth respondent need not be pursueded and it is also submitted that for securing the ends of justice, the proceedings may by quashed. Having regard to the entire facts and circumstances of the case and also to the fact that allegation of kidnapping is raised against the father of the child and in view of the settlement between the parties, it is only appropriate that the criminal proceedings are also terminated, for securing ends of justice. Therefore we quash the proceedings in CC.No.368/2009 on the file of Thenjippalam Police Station.The writ petition is disposed of accordingly. KURIAN JOSEPH,JUDGE C.T.RAVIKUMAR,JUDGE ssn