IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 RP.No. 16 of 2010(R) -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.30749/2009 Dated 13/11/2009 .................... REVIEW PETITIONER:RESPONDENT IN W.P(C) ---------------------- MUHAMMED HUMAYOON , S/O.MUHAMMED HANEEFA KALILIL VEEDU, KOOTTIKKADA P.O., KOLLAM. BY ADV. SRI.JOHNSON GOMEZ SRI.S.M.ALTHAF SRI.S.BIJU (KIZHAKKANELA) RESPONDENT: PETITIONER IN W.P(C) --------------- NISHA S.MEERAN, D/O.NAGOOR MEERAN, N.M.COTTAGE, KATHAKONEL P.O., PUTHAYAM, ANCHAL. ADVOCATE SRI.S.A.SAJU THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 03/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ************************* R.P.No.16 of 2010 in W.P(C) No.30749 of 2009 ****************************** Dated this the 3rd day of February 2010 ORDER BASANT, J. Writ Petition No.30749 of 2009 is directed against an interim direction regarding custody of the child of the contestants passed in O.P.No.679 of 2009 which is now pending before the Family Court, Kottarakkara. By judgment dated 13.11.2009, we allowed the said Writ Petition in part and issued modified directions regarding interim custody. This Review Petition has been filed subsequently seeking review/clarification of certain directions in the said judgment. When this Review Petition came up for hearing, the parties were referred to the Mediator as mutually agreed. The parties went before the Mediator and we have now a report from the Mediator, confirmed by counsel for both sides, that the parties have settled their disputes amicably. The report of the Mediator has been filed before the Court along with a Memorandum of Mediation Settlement arrived at by the parties. R.P.No.16 of 2010 in W.P(C) No.30749 of 2009 2 2. The counsel pray and we are satisfied that the said Memorandum of Mediation Settlement executed by the parties and duly counter signed by their respective counsel and produced before the Court by the Mediator can be accepted. Clause No.2 therein relates to the settlement of dispute regarding custody of the child. There are many pending proceedings between the parties. They have agreed to file appropriate applications before the Courts concerned to get the cases withdrawn/disposed of. 3. We are, in these circumstances, satisfied that this Review Petition can be allowed. Condition No.2 stipulated in the Memorandum of settlement dated 27.01.2010 can be accepted and the order impugned in Writ Petition No.30749/09 shall stand modified to that extent. The parties shall file appropriate joint statement/memos before the appropriate courts to give effect to the settlement reached by them by agreement dated 27.01.2010. 4. In the result: a) This Review Petition is allowed; b) The judgment dated 13.11.2009 in Writ Petition No.30749 of 2009 is recalled. The order impugned in Writ Petition No.30749 of 2009 shall stand modified in terms of R.P.No.16 of 2010 in W.P(C) No.30749 of 2009 3 clause No.2 of the Mediation Settlement Agreement dated 27.01.2010. Copy of the said agreement shall be annexed to this judgment. 5. The Mediator is not present before Court. But both counsel pray that in view of the efforts taken by the Mediator, appropriate directions may be issued by this Court regarding remuneration payable to the Mediator. Counsel were requested to suggest reasonable remuneration for the Mediator. We are happy to note that both counsel accept that an amount of Rs.10,000/- (Rupees Ten thousand only) can be fixed as remuneration for the Mediator which they shall share and pay equally [Rs.5,000/- (Rupees Five thousand only) each) to the Mediator within a period of 15 days from today. The amount shall be paid and voucher shall be filed before the Court. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-