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 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 MFA.No. 142 of 2007(F) --------------------------------- OP.NO.1295/2005 OF FAMILY COURT,ERNAKULAM. .................... APPELLANT/PETITIONER: -------------------------------------- RAJANI.R, D/O A.RAJAGOPALAN, AGED 31 YEARS, NANDINI MUTTATHU, DARSANAM ROAD, NOW RESIDING AT"MY NEST", POTTAYIL TEMPLE ROAD, EROOR SOUTH, ERNAKULAM DISTRICT. BY ADVS. MR.K.C.CHARLES, MR.A.BALAGOPALAN, MR.BASIL MATHEW. RESPONDENT/RESPONDENT: ------------------------------------------- S.PRABHU, S/O SHANMUGHA SUNDARAM PILLAI, AGED 34, NO.7, RAM NAGAR, KUMARASAMI PETTI, SALEM-7, THAMILNADU. BY ADV. MR.MOHAN JACOB GEORGE(CAVEATOR). THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 14/12/2009,ALONG WITH MFA NO. 148 OF 2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. R.BASANT & M.C. HARI RANI,JJ ============================== M.F.A.NOS. 142 & 148 OF 2007 ============================ DATED THIS THE 14TH DAY OF DECEMBER 2009 JUDGMENT Basant,J. These appeals are directed against a judgment passed by the Family Court, Ernakulam in O.P.No.1295/2005. Custody of the minor child Rishiraj was given to the father by the impugned order. Both the father and mother have preferred these appeals against the said judgment. 2. Today when the matter came up for hearing, it is submitted by counsel that the parties have settled all their outstanding disputes regarding the custody of the child. They pray that the interim order dated 14-9-2007 as modified by order dated 30-9-2008 may be permitted to remain in force until further orders and the impugned order may accordingly be modified. The appellants are present in court. No joint statement has been filed. Counsel submit that the parties shall M.F.A.NOS. 142 & 148 OF 2007 2 be satisfied if the present arrangement by the orders dated 14-9-2007 as modified by order dated 30-9-2008 is permitted to remain in force until further orders. 3. In the result: a) These appeals are allowed in part. b)The impugned order is modified and it is directed that custody of the child shall be governed by order dated 14-9-2007 passed by this court as modified subsequently by order dated 30-9-2008. c) We clarify that the modification of this appellate order and enforcement/execution of the order can be done by the Family Court, Ernakulam. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks.