IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 Mat.Appeal.No. 615 of 2008() ---------------------------- OP.124/2007 of FAMILY COURT,KOZHIKODE .................... APPELLANT/ RESPONDENT: -------------------------------------- BIJI KURIAKOSE, D/O.KURIAKOSE, OOTHUKUZHIYIL HOUSE, KANHIRAD, VELAMCODE P.O., THAMARASSERY. BY ADV. SRI.A.ANTONY SRI.TOMY PAUL MAMPILLY SMT.REKHA LAURIAN SMT.ANJANA VARGHESE SMT.LEELAMMA ANTONY RESPONDENT/PETITIONER --------------------------------------- BIJU SKARIA, S/O.SKARIA, PARAYIL HOUSE, KALLUPADI, KAKKAVAYAL P.O. VIA.KALPETTA, WAYANAD. BY ADV. SRI.GRASHIOUS KURIAKOSE THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 04/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- Mat.Appeal No.615 of 2008 ---------------------------------------------- Dated 4th September, 2008. J U D G M E N T Kurian Joseph, J. This appeal is directed against the order dated 16.6.2008 in O.P.No.124/07 on the file of the Family Court, Kozhikode. When the matter came up before us, we directed the parties to be present before us. We have talked to the parties. We also had the assistance of Adv.Smt.Sali Chacko as Conciliator. Thanks to the efforts taken by the learned conciliator, thanks to the efforts taken by the counsel on both sides, thanks to the cooperation extended by the parties and thanks to the steps taken by the court, it is seen that an amicable settlement between the parties is possible. As per the judgment under appeal, the Family Court, Kozhikode granted the custody of the child to the respondent father. The child Blesson is presently studying at Alphonsa Senior Secondary School, Thamarassery. The respondent father submits that he has obtained admission for the child in the same class (II Standard) in a CBSE School, viz., Ann's English Medium School, Meenangadi. It is agreed between the parties that the child can be taken by the father for being MA NO.615/08 2 admitted in the school. However, it is made clear that in the transfer certificate and all other records, the name of the father and mother of the child shall be shown as Biju Skaria and Biji Kuriakose. During all the vacations, the child shall be handed over to the mother/grand parents at the premises of Marymatha Cathedral Church, Thamarassery at 3 p.m. The custody of the child shall be with the mother for one half of the summer vacation, and for seven days each in Onam and Christmas Holidays. During this Onam vacation, the father can collect the child from the appellant at 3 p.m. on 13.9.2008. It will be open to Smt.Biji or her father/mother to collect the child from the respondent. This arrangement is available to the appellant only in case she is in Kerala. It will be open to the mother, grandfather or grandmother to see the child at St.Ann's school. The entire arrears of maintenance will be cleared by Sri.Biju Skaria within two weeks. It is also agreed by the respondent Sri.Biju Skaria that he would settle an extent of around 25 cents of property having road access in favour of the minor child Blesson within three months from today. We direct the parties to have a cordial relationship, as husband and wife alone is severed MA NO.615/08 3 and therefore, they can continue to be friends and the child will be comfortable in getting the love care, share and protection of both the father and mother. In view of the efforts taken by the conciliator, we find that the conciliator is to be properly remunerated. We fix the renumeration as Rs.5,000/- which shall be equally shared by the parties. The order under appeal will stand modified to the above extent. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- Mat.Appeal No.615 of 2008 ---------------------------------------------- J U D G M E N T Dated 4th September, 2008.