IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 WP(Crl.).No. 376 of 2008(S) --------------------------- PETITIONER(S): --------------- LT.COL.BIJU WARRIER, NETTEMADAM, BEHIND IMA BLOOD BANK, WARRIAM ROAD, ERNAKULAM, NOW RESIDING AT FLAT NO.3A, INFRA HAMLIN, DOCTORS LANE, GIRI NAGAR, KOCHI - 36. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENT(S): --------------- 1. APARNA NAMBIAR, 58 BA, KAIRALI APARTMENTS, PANAMPILLY NAGAR, KOCHI - 36. 2. DEVIKA NAMBIAR, W/O.LATE K.T.R.NAMBIAR, 58 B, KAIRALI APARTMENTS, PANAMPILLY NAGAR, KOCHI - 36. 3. THE SUB INSPECTOR OF POLICE, ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM. ADV. SMT.K.GIRIJA FOR R1 & 2 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(Crl.) No.376/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF I.A.NO.2959/2008 IN O.P.NO.222/2008 OF THE FAMILY COURT, ERNAKULAM. EXT.P2. TRUE COPY OF THE ORDER DATED 21-07-2008 IN O.P.NO.222/2008 OF THE FAMILY COURT, ERNAKULAM. EXT.P3. TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER SEEKING DIRECTION. EXT.P4. TRUE COPY OF THE APPLICATION FILED BY 1ST RESPONDENT TO SET ASIDE THE COMPROMISE DECREE. RESPONDENTS' EXHIBITS: EXT.R1: TRUE COPY OF THE ORDER DATED 14-3-2008 IN I.A.634/2008 IN O.P.221/08 ON THE FILES OF THE FAMILY COURT, ERNAKULAM. EXT.R2: TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY ME BEFORE THE FAMILY COURT, ERNAKULAM IN I.A.3824/08 IN OP 222/08. EXT.R3: TRUE COPY OF IA.4023/08 IN OP 222/08 FILED BY ME BEFORE THE FAMILY COURT, ERNAKULAM. EXT.R4: TRUE COPY OF THE COMMON ORDER IN IA.3824/2008 IN IA 4023/08 IN OP NO.222/08 DATED 17-10-2008 BY THE FAMILY COURT, ERNAKULAM. / TRUE COPY / P.S. TO JUDGE KURIAN JOSEPH & K.T.SANKARAN, JJ. ----------------------------------------- W.P(Crl.)No.376 of 2008 ----------------------------------------- Dated this the 4th day of March, 2009 JUDGMENT Sankaran,J. The marriage between the petitioner and the first respondent was solemnised in 1998. In that wedlock, Aditya, now aged 4 years, was born. The petitioner is serving in Indian Army. The first respondent filed O.P.No.221 of 2008 before the Family Court, Ernakulam, for dissolution of the marriage. She also filed O.P.No.222 of 2008 to appoint her as the guardian of the child Aditya. The marriage was dissolved on a joint petition under Section 13-B of the Hindu Marriage Act. O.P.No.222 of 2008 was also compromised. Disputes arose between the parties regarding the custody of the child in terms of the compromise. The petitioner filed an application before the Family court to direct the first respondent to comply with the terms of the compromise. The first respondent, on the other hand, filed an application to set aside the compromise. The Family Court passed an order making provision for the interim custody of the child till February, 2009. The petitioner has filed this Habeas Corpus Petition for a direction to the respondents to produce the child before court, in the light of the order passed by the Family Court. 2. We had passed several interim orders in this case. We had W.P(Crl.)No.376 of 2008 -:2:- inter-acted with the parties on several occasions. Now the parties have come forward with certain concrete suggestions as to the future plan till the child attains majority. 3. The first respondent expressed her wish to go to United States of America in search of a job and take the child also with her. The petitioner has no objection for the same. However, the petitioner submits that he must be given custody of the child for 15 days during the first year. The respondent Aparna Nambiar agrees that she will make available the child for 15 days to be in the custody of the father before 31-12-2010. She will intimate the petitioner two months in advance about the proposed date on which the child will be brought to India. 4. For the years 2011 and 2012, it is agreed by both parties that the father will be given custody of the child for a period of 20 days in a year. The first respondent will intimate the petitioner about the period during which the child could be thus made available, two months in advance. 5. It is also agreed between the parties that from 2013 onwards till the child attains majority, the father will have the custody of the child for a period of 30 days in a year. The first respondent will intimate the petitioner about the period during which the custody can W.P(Crl.)No.376 of 2008 -:3:- be given to the father, well in advance, at least two months before the date of commencement of the period of custody. 6. It is also agreed by the petitioner that he will continue to deposit a sum of Rs.3,000/- per month towards the maintenance of the child. The amount will be deposited in the account No.001001505022 maintained by the first respondent in ICICI Bank, Kochi. It is also agreed by the petitioner that for the coming years he will make every endeavour to enhance the amount depending upon the increase in his salary and other inputs and also the needs of the child. It is also gracefully agreed by both parties that till the first respondent leaves India, the present arrangement for interim custody of the child will continue. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) (K.T.SANKARAN, JUDGE) ahg. KURIAN JOSEPH & K.T.SANKARAN, JJ. --------------------------- W.P(Crl.)No.376 of 2008 ---------------------------- JUDGMENT 4th March 2009