IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 RP.No. 473 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN MFA.25/2009 .................... REVIEW PETITIONER(S): REVIEW PETITIONER/RESPONDENTS IN MFA ---------------------------------------------------------- 1. RANI, D/O.YESUDAS, TC.13/455, TARA 97, MIRANDA JUNCTION, KUNNUKUZHI, VANCHIYOOR, THIRUVANANTHAPURAM. 2. YESUDAS, TC.13/455, TARA 97, MIRANDA JUNCTION, KUNNUKUZHI, VANCHIYOOR, THIRUVANANTHAPURAM. 3. LILLY YASUDAS, W/O.YESUDAS, TC.13/455, TARA 97, MIRANDA JUNCTION, KUNNUKUZHI, VANCHIYOOR, THIRUVANANTHAPURAM. BY ADV. SMT.SADHANA KUMARI ESWARI RESPONDENT(S): RESPONDENTS/APPELLANTS IN MFA. --------------------------------------------- 1. AGUSTUS CEASER, AGED 35, S/O.JOSEPH RODRIGS, ANNAMMA MANSION, SAKTHIKULANGARA PO., KOLLAM. 2. JOSEPH RODRIGS,ANNAMMA MANSION, SAKTHIKULANGARA PO., KOLLAM. 3. BARBARA JOSEPH, W/O.JOSEPH RODRINGS, ANNAMMA MANSION, SAKTHIKULANGARA PO., KOLLAM. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 30/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & C.T. RAVIKUMAR, JJ. ------------------------------------------------- R.P.No.473 of 2009 in M.F.A.No.25 of 2009 ------------------------------------------------- Dated this the 30th day of June, 2009 ORDER Basant,J. The petitioners in this review petition are the respondents before the Family Court, Trivandrum, in O.P.No.1202/07. They were respondents in M.F.A.No.25/09 before this Court. Those proceedings were initiated by the respondents herein for the custody of the minor child by name Rohan K. Ceaser born to the 1st petitioner and the 1st respondent in valid matrimony. Petitioners 2 and 3 are maternal grandparents; whereas respondents 2 and 3 are the paternal grandparents. The application for custody filed bythe respondents herein was dismissed by the Family Court and their appeal was allowed in part. Visitorial rights were granted to the respondents herein. R.P.No.473 of 2009 -: 2 :- 2. Because of subsequent events which have come into existence, the petitioners have come before this Court with the prayer that the judgment dated 26/3/09 may be reviewed. Respondents have entered appearance. 3. The review petition was heard in the Chamber. After discussions, the learned counsel now submit that the parties are willing to come to an understanding and make revised stipulations regarding the custody of the child. They pray that the review petition may be allowed and the judgment dated 26/3/09 may be modified on terms agreed upon between them. 4. Having considered all the relevant circumstances, we are persuaded to agree that in the light of the subsequent circumstances pointed out, the request for review can be accepted and the judgment dated 26/3/09 can be modified. 5. In the result, this review petition is allowed as agreed. The judgment dated 26/3/09 in M.F.A.No.25/09 is recalled. M.F.A. No.25/09 shall now stand allowed and the following directions are issued as agreed by both sides. (1) The child Rohan K. Ceaser is now permitted to be kept in the custody of the respondents herein until further orders. (2) The child shall now reside in India along with respondents herein at their house at Kollam. (3) The 1st respondent herein shall surrender his passport R.P.No.473 of 2009 -: 3 :- and shall not leave India without the prior permission of the Family Court. Such permission shall be granted if any compelling reason exists. The passport shall be surrendered before the Family Court on the 6th of July, 2009. On that day the petitioners 2 and 3 shall produce the child before the Family Court and the Family Court shall hand over the child to the 1st respondent. The Family Court shall keep the passport in safe custody and shall release it to the 1st respondent only if satisfactory reason exists and the court so orders. (4) 1st of April to the 30th of April every year during summer vacation and from 23rd December to 31st December every year during X-Mas vacation the child shall be handed over by the respondents to the custody of the petitioner No.1 and/or 2 and/or 3. On 1st of April and 23rd of December at 10 a.m. the child shall be produced before the Family Court by the respondents and the custody shall be given over to the petitioners or any one of them. On 30th April and 31st December the child shall be produced before the Family Court by the petitioners or any one of them at 5 p.m. and the child shall be returned to the custody of the respondents herein or any one of them. Even if the Family Court is not sitting and arrangements are not there, parties agree that they shall mutually carry out the directions after obtaining the requisite acknowledgment. R.P.No.473 of 2009 -: 4 :- (5) Both parties shall keep the other party informed of their E-Mail addresses and shall be at liberty to contact each other for the purpose of arrangements regarding the custody of the child only. (6) Modifications to this arrangement can be sought from the Family Court if need arises. This shall, of course, not fetter the option of the parties to come to agreements for modifications of the arrangements by express stipulations in writing. The Family Court shall be duly informed of all such arrangements. (7) The respondents herein undertake that the child shall be properly educated and properly looked after while he is in their custody. 6. A joint application has been filed by the learned counsel and these terms have been worked out on the basis of the joint application filed and the affidavit earlier filed by the 1st respondent. The learned counsel have specifically agreed to the terms above specified. Sd/- R. BASANT (Judge) Sd/- C.T. RAVIKUMAR (Judge) Nan/ //true copy// P.S. to Judge R.P.No.473 of 2009 -: 5 :-