IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 WP(C).No. 7054 of 2008(S) ------------------------- AGAINST THE ORDER IN IA.497/2007 IN OP.(G&W)155/2006 of FAMILY COURT, THODUPUZHA .................... PETITIONER: ------------ JOMY, AGED 35 YEARS, D/O.JOLLY, ELANJICKKAL HOUSE, KOTHAMANGALAM KARA, KOTHAMANGALAM P.O., KOTHAMANGALAM VILLAGE. BY ADV. SMT.JEENA JOSEPH SRI.G.D.PANICKER RESPONDENTS: ------------- JIMMICHAN, AGED 41 YEARS, S/O.LATE MANI, VARICATT HOUSE, CHILAVU KARA, CHILAVU P.O., ALAKODU VILLAGE, THODUPUZHA TALUK. BY SMT.T.D.RAJALAKSHMI(CONCILIATOR) SMT.K.GIRIJA FOR R.1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.7054/2008 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE PETITION NO.155/2006 FILED UNDER SECTIONS 7 & 8 OF THE GUARDIAN AND WARDS ACT BY THE PETITIONER BEFORE THE FAMILY COURT, THODUPUZHA. EXT.P2 : TRUE COPY OF ORDER IN I.A.NO.497/2007 IN O.P.NO.155/2006 OF FAMILY COURT, THODUPUZHA. EXT.P3 : TRUE COPY OF THE O.P.NO.131/2007 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THODUPUZHA. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- W.P.(C) No.7054 of 2008 ---------------------------------------------- Dated 30th July, 2008. J U D G M E N T Kurian Joseph, J. Petitioner approached this court aggrieved by Ext.P2 order passed by the Family Court in O.P.No.155/06. That is a petition filed by her for declaring her as the guardian of the only child Anjali born to the parties. The parties were married on 21.4.2006 according to their customary rites. The child was born on 19.4.1997. The parties have been living separately from 2004. 2. The Family Court permitted the petitioner to visit the child in her school once in two weeks. When the writ petition came up for admission, we found that there were other litigations also, between the parties. Having found that a child is unfortunately being torn between the selfish love of the father and mother, we directed the parties to be present before us with the child. We tried to convince both parents that the child is entitled to love, care, share and protection of both the parents, and the child shall be taught to respond to such sentiments of both parents. We also made an attempt to convince the parents that though they may fight with each other, the child shall not be drawn in between, and the child should be told, permitted and encouraged to have access, attachment and company of both the WP(C) 7054/08 2 father and mother. 3. We had the able assistance of Adv.Smt.T.D.Rajalakshmi as conciliator. Learned counsel appearing on both sides also, having realized the seriousness of the issue of a helpless child being made the victim of the fight between the husband and wife, extended their sincere cooperation for settling the issue. Thanks to the efforts thus taken by all the parties and thanks to the steps taken by this court also, we find that the parties have finally settled their disputes. It is seen that they have realized that it will not be possible for them to live any more as husband and wife. Therefore, they have decided to settle the entire related issues also. The terms of such settlement are incorporated in the joint petition filed by them under Section 10A of the Divorce Act, 1869. In the nature of the disputes between them, and in the back ground of the long pending litigations between them, we are convinced that a further lie over period is not necessary. We are also convinced that there is no collusion between the parties. Therefore, I.A.Nos.9654/08 and 9655/2008 are allowed and the marriage between the petitioner and the respondent is dissolved by a decree of divorce on mutual consent. The parties shall be WP(C) 7054/08 3 bound by the terms as stated in the joint petition. The terms as stated in I.A.9654/08 are recorded. 4. In view of the settlement of the disputes as above, it is not necessary continue the cases before the Family Court, Thodupuzha. Accordingly, O.P.Nos.155/06, 117/07 and 131/07 on the file of the Family Court, Thodupuzha are struck off from the file. We record our deep appreciation for the sincere efforts taken by Adv.Smt.T.D.Rajalakshmi (conciliator), Adv.Smt.Jeena Jacob and Adv.Smt.K.Girija, learned counsel appearing on both sides. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- W.P.(C) No.7054 of 2008 ---------------------------------------------- J U D G M E N T Dated 30th July, 2008.