IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WP(C).No. 29237 of 2009(Y) -------------------------- PETITIONER(S): --------------- ROSLIN JOSE, W/O.LATE JOSE, AGED 58 YEARS, LAKSHMIPRIYA, SOUTH ADUVASSERI, CHUNGAM, ALUVA. BY ADV. SRI.S.SANAL KUMAR RESPONDENT(S): --------------- 1. HERALD STEVENSON @ JOLLY, C/O.PETER VELIKKAKATH, KUMBALANGI SOUTH, KUMBALANGI.P.O, KOCHI. 2. SUB INSPECTOR OF POLICE, KANNAMALY POLICE STATION, KANNAMALY. 3. THE DISTRICT SUPERINTENDENT OF POLICE, ERNAKULAM. ADVS. SRI.PHILIP T.VARGHESE FOR R1 SRI.THOMAS T.VARGHESE FOR R1 GOVT. PLEADER SRI. T.K.VIPINDAS -R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 29237/2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the prescription chit dated 13.10.09 issued from Fathima Hospital, Perumbadappu. RESPONDENTS' EXHIBITS: NIL KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 29237 OF 2009 --------------------------------------------- Dated this the 19th day of November, 2009 JUDGMENT Kurian Joseph, J. The petitioner and first respondent are sister and brother. They approached this Court with a strange dispute. The dispute is as to who should look after their mother aged 93. Finding that it is apparently an ego clash between the sister and the brother, this Court made an attempt to purchase peace in the family with the help of a conciliator Adv. Sri. Subhashchand. We find that the parties have found out a solution as to who should look after their mother. But, it is regretted that despite best efforts, neither the sister has any place for the brother in her heart nor the brother has a place for the sister in his heart. Unless, they realise and acknowledge that blood is thicker than water and unless their relationship is straightened, it would be a scandal in the society and they will also be setting a wrong model to the next generation. We expect that good sense will prevail upon them so that their mother may part in peace with the joy of restoration of the old family relationship. W.P.(C) NO.29237/2009 2 2. The following are the terms of compromise: i. The 1st respondent agrees that custody and care of Mother of the 1st respondent and the petitioner Smt. Mariyamma Peter can be with the petitioner. ii. The 1st respondent and his family shall have visitorial right to see the mother Smt. Mariyamma Peter provided prior intimation should be given to the petitioner. iii.The custody of mother shall not be entrusted with Geriatric Welfare Home and, in case the petitioner wants to, the custody and care of the mother may be given to any of the surviving children of mother. iv.The petitioner and 1st respondent agree that the writ petition can be withdrawn by incorporating the above terms of settlement as part of judgment. The terms of compromise are recorded. The Writ Petition is disposed of in terms of the compromise. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C) NO.29237/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.29237/2009 JUDGMENT 19th November, 2009