IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 WP(C).No. 30665 of 2007(S) -------------------------- O.P.NO.519 OF 2007 OF FAMILY COURT, MALAPPURAM .................... PETITIONER: ------------ ABDUL GAFOOR, AGED 42 YEARS, S/O MOOSAKUTTY HAJI, KIZHAKKE KARALIKKATTIL HOUSE, THACHANGODE, VANIYAMBALAM, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ------------- 1. RAHMATHUNNEESA, S/O NECHIKKADAN ABOOBACKER, THARISU, KARUVARAKUNDU, MALAPPURAM DISTRICT. 2. ARSHIDA K.T.,MINOR, REPRESENTED BY THE FIRST RESPONDENT - MOTHER - GUARDIAN. BY ADV. SMT.K.V.RESHMI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2008, ALONG WITH RPFC NO. 322 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- W.P.(C)NO. 30665 OF 2007 & R.P.(F.C.)NO.322 OF 2007 ---------------------------------------------------------------- Dated this the 8th day of April, 2008 JUDGMENT Harun-Ul-Rashid, J. The respondent in O.P. No.519 of 2007 on the file of the Family Court, Malappuram is the petitioner herein. The Writ Petition is filed for a declaration that the entire proceedings in O.P. No.519 of 2007 is without jurisdiction and for a direction to terminate the said proceedings and for other ancillary reliefs. R.P.(F.C.) No.322 of 2007 is filed challenging the order passed by the Family Court, Malappuram dated 20.6.2007 in M.C. No. 638 of 2006. By order dated 3.12.2007, we directed M/s. Rajiv Gandhi Centre for Biotechnology, Thiruvananthapuram to conduct a D.N.A. test of the parties and to forward a report to this Court. The said institution conducted the test and has reported that the petitioner is the father of Arshida, the second respondent. 2. When both these cases came up for final hearing, we directed the parties to be present before this Court in order to thrash out the possibility of a settlement. Accordingly, the parties appeared before us on 18.2.2008 and subsequently today also. The petitioner is happy with the result of the W.P.(C)NO.30665/2007 & R.P.(F.C.)NO.322/2007 2 D.N.A. test and has submitted before us that he is prepared to accept Arshida as his daughter. He has agreed to pay maintenance to his daughter at the rate of Rs.1,500/- per month from April, 2008 onwards and also an amount of Rs.56,000/- towards past maintenance within a period of three months from today. The petitioner has also agreed that he will meet the marriage expenses of his daughter. In case the terms of settlement as stated above are not complied with by the petitioner/father, the first respondent/mother is at liberty to move this Court. 3. It is submitted that the child Arshida is studying in the 10th standard. The petitioner/father shall have custody of the child for two days a month, from 10 a.m. on second Saturdays till 5 p.m. the next day. He shall also have custody of the child for three days each during Onam and Christmas holidays and for a period of two weeks during summer vacation. In view of the compromise as above, W.P.(C) No.30665 OF 2007 and R.P.(F.C.)No.322 OF 2007 are closed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ W.P.(C)NO.30665/2007 & R.P.(F.C.)NO.322/2007 3 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. W.P.(C)NO.30665/2007 & R.P.(F.C.)NO.322/2007 JUDGMENT 8TH APRIL, 2008