IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 Mat.Appeal.No. 402 of 2007() ---------------------------- OP.121/2005 of FAMILY COURT,KOZHIKODE .................... APPELLANT/RESPONDENT: --------------------------------- K.P. SWAPNA, D/O. LATE PADMANABHAN, AGED 36 YEARS, "SWAPNA NIVAS", KOLATHARA POST, CHERUVANNUR (VIA), KOZHIKODE. (IN THE IMPUGNED ORDER, THE PETITIONER HAS WRONGLY SHOWN ADDRESS OF APPELLANT AS CARE OF SRI.ASHOKRAJ(BLDER),21/3029, THALIYEDATH QRTS.,PANNIYANKARA AMSOM & DESOM,KZD.) BY ADV. SRI.MILLU DANDAPANI RESPONDENT: PETITIONER: ------------------------ SHRI A.V.JAYARAJ, S/O. SANKARAN, AGED 42 YEARS, "ACHAMVEETTIL",PARAPPANANGADI AMSOM AND DESOM, PARAPPANANGADI POST,TIRURANGADI TALUK, MALAPPURAM DISTRICT. ADVS. SRI.MANJERI SUNDERRAJ SRI.B.PREMNATH (E) THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 21/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- MAT. APPEAL NO. 402 OF 2007 ---------------------------------------------------------------- Dated this the 21st day of May, 2008 JUDGMENT Harun-Ul-Rashid, J. This appeal is filed against the common order dated 24.5.2007 in O.P. Nos.121 and 167 of 2005 on the file of the Family Court, Kozhikode. The above Original Petitions were filed by the husband and wife respectively seeking custody of their minor child Vaishnav who is now aged ten years. The Family Court took the view that the custody of the child with his father is better for his upbringing and held that the petitioner is O.P. No.121 of 2005 is entitled to a decree as prayed for. The Family Court also made arrangements for the mother to see her child in the school as and when required and also allowed her to have temporary custody of the child for a period of one month during summer vacation and for a few days during Onam and Christmas holidays. 2. The parties appeared before this Court in person with the child on several occasions. We had interacted with the parties on such occasions. The parties are present today. We have talked to them at length. Finally the parties have arrived at an agreement regarding the custodial right of their child. Accordingly, the parties have agreed that the Mat. Appeal No.402/2007 2 child shall continue to be in the custody of his father. Both sides agreed that the mother shall have the company of her child for a period of three days a month and during the first half of Onam and Christmas holidays and for a period of one month during summer vacation. The respondent/father has agreed to hand over the child to the appellant/mother at her residence on Friday before 6 p.m. so that the child can be with his mother during the following Second Saturday and Sunday. The mother shall hand over the child to his father at his residence on the following Monday before 8 a.m. The respondent/father has also agreed to hand over the child to the mother on the 4th Saturday before 6 p.m. and the mother shall take back the child to his father before 8 a.m. on the following Monday. The appellant/mother is permitted to visit the child in school as and when required. The parties are at liberty to move this Court for modification of the order, if required, in future if circumstances so warrant. The Matrimonial Appeal is disposed of as above. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ Mat. Appeal No.402/2007 3 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. MAT.APPEAL NO.402/2007 JUDGMENT 21ST MAY, 2008