IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 11116 of 2008(S) -------------------------- M.P. 1087 OF 2007 IN MC.217/2007 of FAMILY COURT,ERNAKULAM .................... PETITIONER(S): --------------- DR.AJI MARKOSE, AGED 34 YEARS S/O.MR.V.K.MARKOSE, ANUGRAH, MARUTI JUNCTION KOOTHATTUKKULAM - 686 662 BY ADV. SMT.I.SHEELA DEVI RESPONDENT(S): --------------- 1. SEEMA VARGHESE, AGED 30 YEARS D/O.M.K.VARGHESE, PLOT NO.41, ASHIANA KUMARANASAN NAGAR, KOCHI-682 020. 2. MASTER JOEL AJI, AGED 7 YEARS C/O.SEEMA VARGHESE, PLOT NO.41, ASHIANA KUMARANASAN NAGAR, KOCHI-682 020. 3. MASTER JOHAN AJI, AGED 4 YEARS C/O.SEEMA VARGHESE, PLOT NO.41, ASHIANA KUMARANASAN NAGAR, KOCHI-682 020. ADVS. SMT.A.R.USHA FOR R1 TO 3 SMT.B.S.MAYA,CONCILIATOR-MEDIATOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 11116/2008 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of M.C. No.217 of 2007 in Family Court, Ernakulam. Ext.P2: True copy of the counter affidavit in M.P. 1087/07 in M.C. No. 217/07. Ext.P3: True copy of the objection in M.C.217/07. Ext.P4: True copy of the order in M.P. No.1087 of 2007 in M.C. No.217 of 2007 passed by the Family Court, Ernakulam. Ext.P5: True copy of the photographs. Ext.P6: True copy of the diary of the 1st respondent. RESPONDENTS' EXHIBITS: Ext.R1(a): True copy of the Rent Agreement dated 21.05.2008 Ext.R1(b): True photo of the Bunglaw of petitioner. Ext.R1(c): True copy of the fee receipt of the 1st respondent in PIZ Training College. Ext.R1(d): True copy of the fees receipt of 2nd respondent for the 3rd standard admission in Gregorian Public School. Ext.R1(e): True copy of the fees receipt of the 3rd respondent in Morning Bell Montessory School. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- W.P.(C)NO.11116 OF 2008 ---------------------------------------------------------------- Dated this the 18th day of December, 2008 JUDGMENT Harun-Ul-Rashid, J. Ext.P4 interim order in M.C. No.217 of 2007 on the file of the Family Court, Ernakulam is under challenge in this Writ Petition. The parties are husband and wife and parents of two children. They are the parties in O.P. Nos.843 of 2007, 859 of 2007 and 1023 of 2007 pending before the Family Court, Ernakulam. 2. When the Writ Petition came up for final hearing, we directed the parties to appear before us. Accordingly, the parties appeared on several occasions. We had the opportunity of interacting with them on all such occasions. Finally, the parties decided to settle all the disputes between them. Accordingly, they filed I.A. No.15240 of 2008 under Section 10 A of the Divorce Act for dissolution of marriage by a decree of divorce by mutual consent. The terms of settlement are stipulated in the said interlocutory application. As per the settlement arrived at between W.P.(C)NO.11116/2008 2 the parties and the resultant orders dated 17.6.2008 and 14.8.2008, the petitioner paid the entire amount towards full and final settlement of all monetary claims against each other including the claims of their two children. The terms regarding custody of the children and settlement of all pending cases between the parties are also stipulated in the application. The terms of settlement in I.A. No. 15240 of 2008 are recorded and shall form part of the decree. 3. We are satisfied that I.A. No. 15240 of 2008 is filed by the parties on their own free will and there is no collusion between the parties in filing the same. In view of the long pendency of the disputes between the parties, we feel there is no necessity to keep the matter pending for expiry of the lie over period and we are inclined to waive the lie over period. With regard to the custody of the children, it is agreed by the parties that custody shall be with the mother. Apart from the temporary custody of the children given to the petitioner, that is, once in a month, the petitioner is entitled to have temporary custody of the children for a minimum of three days during Onam and Christmas holidays and for a period of one week during mid summer vacation. Besides this, the petitioner is also entitled to take the children to his house during family functions. The custody during Second Saturday and Sunday shall be on all W.P.(C)NO.11116/2008 3 months except during Onam, Christmas mid summer holidays. In view of the settlement as above, it is not necessary to keep pending the cases between the parties. Accordingly, O.P. Nos.843 of 2007, 859 of 2007 and 1023 of 2007 pending before the Family Court, Ernakulam shall stand struck off from the file of that court. A decree of divorce is passed dissolving the marriage between the petitioner and the first respondent with effect from today. The Writ Petition is disposed of as above. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ W.P.(C)NO.11116/2008 4 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. W.P.(C) NO.11116/2008 JUDGMENT 18th December, 2008 W.P.(C)NO.11116/2008 5