IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 Mat.Appeal.No. 429 of 2009() ---------------------------- OP.716/2005 of FAMILY COURT,ERNAKULAM .................... APPELLANT:(PETITIONER IN OP 716/05): ------------------------------------------------------------ SUHAIB, S/O. ABDUL RAHIMAN, AMINA MANZIL, JAWAN CROSS ROAD, NEAR EDAPPALLY RAILWAY STATION, EDAPPALLY. BY ADV. SRI.T.M.ABDUL LATHIFF RESPONDENT(S): (RESPONDENTS IN OP 716/05): -------------------------------------------------------------------------- 1. ASEEBA, D/O. M.H.AZEEZ, KHAFF VILLA, CHULLICKAL, KOCHI. 2. M.H.AZEEZ, KHAFF VILLA, CHULLICKAL, KOCHI. R1 & R2 BY ADVS. SRI.K.RAMACHANDRAN, SRI.S.SREEDEV. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- Mat. Appeal No.429 of 2009 ------------------------------------------------- Dated this the 24th day of November, 2010 JUDGMENT Basant,J. This appeal is directed against the order dismissing an application for custody filed by the appellant/father subject to visitorial rights. 2. During the pendency of this appeal, the parties have settled all their outstanding disputes. Two connected Matrimonial appeals have also been agreed to be disposed of on consent. A joint compromise statement has been filed by the parties duly signed by them and counter signed by their counsel. It is in these circumstances agreed that this appeal can be allowed in terms of the joint compromise statement. 3. In the result, a) this appeal is allowed as agreed. b) It is directed that the child Adhin Hassan (date of birth - 13/9/2001) shall continue to remain in the custody of Aseeba, the mother of the child. He will so continue in custody whether the mother re-marries or not. c) The husband shall have visitorial rights in respect of the child twice every month on second and fourth Sundays between 3 p.m. and 6 p.m. at the Family Court, Ernakulam. d) Maintenance shall be paid at the rate of Rs.3,500/- per mensum by the appellant to the child with effect from 16.11.2010. The amount can be paid by remittance to the bank account specified in the joint statement by the 15th of every month. This direction can be enforced by the Family Court as an order under Section 125 Cr.P.C. from time to time. It is clarified that parties can seek modification of the order, if necessary and the Family Court shall be at liberty to modify the order under Section 127, if change of circumstance exist. It shall be deemed that the direction under Section 125 Cr.P.C. is issued by the Family Court for the purpose of execution and modification. 4. A joint statement incorporating the terms of the settlement in this appeal and two connected Matrimonial appeals has been filed and the same is received on file in MAT No.429/2009. R. BASANT (Judge) K. SURENDRA MOHAN (Judge) css/