IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 2979 of 2010(R) ------------------------- AGAINST THE ORDER DATED 17/11/2009 IN IA 216/09 IN OPG&W.931/2008 of FAMILY COURT,KOLLAM .................... PETITIONER(S): --------------- RENY PATRIC, AGED 34 YEARS, S/O.PATRIC HUGO, THEJUS, BEHIND CATHOLIC CHURCH, MAYYANAD, NADUVILAKARA CHERY, KOTTIYAM - 691 571. BY ADV. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE SRI.K.P.SUJESH KUMAR SRI.K.N.SASIDHARAN NAIR RESPONDENT(S): --------------- ANSU ALEX, AGED 26 YEARS, D/O.ALEX NAZRETH, ALEXO NIVAS, PULLICHIRA P.O., KOLLAM - 691 304. ADV. SRI.NAGARAJ NARAYANAN FOR R SRI.SAIJO HASSAN FOR R SRI.A.S.SABU FOR R SRI.RAJAN VELLOTH FOR R SRI.S.J.SHAJ MOHAN FOR R SRI.PRATHAP PILLAI FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/07/2010, ALONG WITH WPC NO.2981/10, WPC NO. 18191 OF 2010 WPC NO. 19227 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(C) Nos. 2979, 2981, 18191 & 19227 of 2010 ------------------------------------------------- Dated this the 26th day of July, 2010 JUDGMENT Basant,J. All these four petitions are between the same parties. The parties are spouses. Marriage is admitted. One child is born in the wed-lock. O.P.No.814/08 for divorce is filed by the husband. The same is pending before the Family Court, Kollam. O.P. (G&W) No.931/08 is filed by the wife. That petition is for the custody of the child. The child now is admittedly with the father. Another O.P.No.305/10 claiming return of gold/money/articles filed by the wife was also pending before the Family Court, Kollam. 2. While these petitions were pending before the Family Court, an interim application for custody was filed by the wife. W.P.(C) Nos. 2979, 2981, 18191 & 19227 of 2010 -: 2 :- That was allowed in part by the Family Court. Both the husband and wife have come before this Court challenging the said order. They are W.P.(C) No.2979/10 filed by the husband and W.P.(C) No.19227/10 filed by the wife. Later, for enforcement of the order regarding custody fully, W.P.(C) No.18191/10 has been filed again by the husband. For early disposal of O.P.No.814/08, the husband has filed W.P.(C) No.2981/10. While all these petitions are pending, the parties attempted a harmonious settlement. We had occasion to interact with the parties and we are happy to note that the parties have now settled all their outstanding disputes. A joint statement incorporating the terms of settlement has been filed before this Court in W.P.(C) No.2979/10. In the light of the settlement, the parties submit that all these proceedings can be closed. 3. The said joint statement dated 26/7/10 has been filed in W.P.(C) No.2979/10. In terms of the said settlement, O.P.No.305/10 has already been withdrawn. O.P.No.814/08 for divorce shall be withdrawn immediately after the judgment in these cases is pronounced. O.P.No.931/08 may now be disposed of by the judgment to be passed by this Court, it is prayed. W.P. (C) No.2981/10 may be dismissed as unnecessary, it is further submitted. 4. We have considered all the inputs. We are satisfied that the joint statement dated 26/7/10 filed in W.P.(C) No.2979/10 W.P.(C) Nos. 2979, 2981, 18191 & 19227 of 2010 -: 3 :- can be accepted. We are further informed that O.P.No.858/10 has already been filed under Sec.10A of the Indian Divorce Act for dissolution of the marriage by mutual consent. 5. We do, in these circumstances, accept the joint statement dated 26/7/10 filed in W.P.(C) No.2979/10. 6. In the result: (a) W.P.(C) No.19227/10 is dismissed as settled. (b) W.P.(C) No.18191/10 is dismissed as settled. (c) W.P.(C) No.2981/10 is dismissed as unnecessary. (d) W.P.(C) No.2979/10 is allowed. The joint statement dated 26/7/10 is accepted. O.P.(G&W) No.931/08 shall now stand dismissed in terms of the joint statement. This shall be reckoned as the judgment in O.P.(G&W) No.931/08 Reckoning this as the judgment in disposal of O.P.(G&W) No.931/08 any further directions that are necessary shall be obtained from the Family Court. The Family Court shall close O.P.(G&W) No.931/08 in terms of this judgment. The joint statement dated 26/7/10 shall be appended to this judgment. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ /true copy/ P.S. to Judge W.P.(C) Nos. 2979, 2981, 18191 & 19227 of 2010 -: 4 :- R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(C) Nos. 2979, 2981, 18191 & 19227 of 2010 ------------------------------------------------- Dated this the 14th day of July, 2010 ORDER Basant,J. Both parties are present. Their counsel are also present. The details of the agreement have been narrated. We note that the parties have harmoniously settled all their outstanding differences and problems. The learned counsel submit that necessary steps to bring into effect the terms agreed upon will be taken by the parties and final settlement shall be reported to this Court by 26/7/10. 2. Call on 26/7/10.