BEFORE THE LOK ADALATH ORGANIZED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR. JUSTICE P.K.SHAMSUDDIN (RETD. JUDGE) AND SHRI K. J.THOMAS STANLEY (RETD.ADDL.DIST.JUDGE) THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 MFA.No. 97 of 2007() -------------------- AGAINST THE ORDER DATED 30/04/2007 IN IA Nos..1103/07 & 1192/07 IN OP.416/2005 of FAMILY COURT, KOTTARAKKARA .................... APPELLANT/COUNTER PETITIONER ------------------------------ LINY BABY, D/O. BABYKUTTY, AGED 30 YRS, PUTHENVEEDU, KANDACHIRA, PALI P.O., KULATHOOPUZHA, PATHANAPURAM TALUK. BY ADV. SRI.P.SIVARAJ RESPONDENT/PETITIONER: ------------------------ BABY JOHN, AGED 37, S/O. JOHN, MAROTTIMOOTTIL, THINKAL KARIKKAKAM VILLAGE, CHANNANAKAVU, KULATHOOPUZHA, PATHANAPURAM TALUK. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS SRI.K.V.ANIL KUMAR SRI.AJITH MURALI THIS MISC. FIRST APPEAL HAVING COME UP FOR DETERMINATION AT THE LOK ADALATH AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF THE SETTLEMENT: MFA.No. 97/2007 ORDER ON I.A.NO. 2566/07 IN MFA NO.97/2007 CLOSED Sd/- P.K.SHAMSUDDIN (RETD. JUDGE) Sd/- K. J.THOMAS STANLEY 10-4-2008 (RETD.ADDL.DIST.JUDGE) /TRUE COPY/ P.A. TO JUDGE JP JUSTICE P.K.SHAMSUDDIN (RETIRED JUDGE, HIGH COURT OF KERALA) AND SHRI. K.J.THOMAS STANLEY (RETIRED ADDL. DISTRICT JUDGE) ------------------------------------------------------------- M.F.A. NO: 97 OF 2007 ------------------------------------------------------------- Dated this the 10th April, 2008. A W A R D This appeal is filed against the order passed by the Family Court, Kottarakara in I.A.1103/07 & 1192/07 in O.P.416/05. The District Court passed an order giving the guardianship of the person of the child and allowed the respondent to have the custody of the child. This is challenged in the above appeal. 2. The parties and their counsel appeared before the adalat. After discussion it was agreed that the appellant-wife will have the custody of the child but the respondent-husband will be allowed to take the child during the summer vacation and also during Onam and Christmas vacations. The parties also agreed that the child will stay for one month with respondent- husband during the summer vacation and eight days during onam vacation and eight days during Christmas vacation. The respondent-husband undertakes that he will meet the MFA 97/07 -2- educational expenses of the child until he attains the age of majority. He also undertakes that he will give proper care and attention on the child during his stay with him. The appeal is settled as stated above. JUSTICE P.K.SHAMSUDDIN RETIRED JUDGE, HIGH COURT OF KERALA SHRI. K.J.THOMAS STANLEY RETIRED ADDL. DISTRICT JUDGE jj