IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 OP (FC).No. 1096 of 2010(R) --------------------------- OP.703/2008 of FAMILY COURT, THIRUVALLA .................... PETITIONER --------------------- UNNIKRISHNAN, S/O.KUTTAPPAN, THACHIRAKKAL VEEDU, JANATHA BAZAR, NIRAMARATHOOR PO, THIROOR TALUK, MALAPPURAM, BY HIS POWER OF ATTORNEY HOLDER,T.SREEDHARAN, THACHRACKAL HOUSE, PO NIRAMARUTHUR, TIRUR, MALAPPURAM. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT: --------------- SREEJA UNNIKRISHNAN, CHOONDAKKATTU, MALAYILVEEDU PULLADUMURI, KOIPRAM VILLAGE, THIRUVALLA TALUK. ADV. SRI.P.SAMSUDIN FOR R THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 23/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & K.SURENDRA MOHAN, JJ. *********************** O.P(F.C) No.1096 of 2010 ***************************** Dated this the 23rd day of December, 2010 JUDGMENT BASANT, J. The parties are spouses. The marital tie has now been dissolved. All their disputes were settled by joint statement filed by them in the proceedings pending before the Family Court, Thiruvalla in O.P.No.703 of 2008, O.P(HMA) 342 of 2009 and O.P (G&W) 375 of 2009. As per clause 2 of the said joint statement dated 07.07.09, the children are to reside with their mother. The father is employed abroad. Whenever the father comes on leave, the children are to reside with the father for 10 days. 2. One would have thought that all their disputes have been settled with that stipulation which is seen in Ext.P1. But the parties have been continuing their acrimony even thereafter. According to the petitioner, the said stipulation is not followed and this had obliged him once to return from India without opportunity to have the children in his custody. It is, in these circumstances, that the petitioner has filed this application. O.P(F.C) No.1096 of 2010 2 3. The petition was admitted. Notice was ordered to the respondents. Both parties have appeared before us today. 4. We wanted the counsel to discuss the matter and persuade the parties to come to a harmonious settlement. After the lunch recess, we interacted with the parties in the Chamber in the presence of their counsel. We are very happy to note that the parties have settled their disputes now. The petitioner has filed an affidavit to confirm that he has not obtained passport for the children afresh. The children do now have passports. Those passports are available with the mother. The period of such passports has expired, it is submitted. At any rate, the affidavit of the petitioner shows that he does not have passports to take the children abroad. We say so, because the respondent expressed her apprehension that the petitioner may take away the children from India. 5. After discussions, we are happy to note that the parties have settled their disputes. Accordingly we issue the following directions. i) Both children shall go from Court today along with the petitioner; O.P(F.C) No.1096 of 2010 3 ii) The petitioner shall return both children to the respondent/mother at her residence in Thiruvalla by 3 p.m on 01.01.2011. iii) Hereafter the petitioner shall collect the children from the residence of the respondent/mother on the date following the date on which schools close for Onam holidays. The children shall be returned to the mother at her residence in Thiruvalla at 1 p.m on the day prior to the date on which the Onam holidays end; iv) Similarly during the summer holidays, the children shall be taken by the father from the house of the mother on the day immediately following Vishu at 2 p.m. The children shall be returned to the respondent/mother at her residence by the father on the eleventh day following Vishu every year; v) Parties agree that they shall carry out these directions without intervention of the Court and that this arrangement shall continue until the same is modified by the Court; vi) If during Onam or summer vacation any change of the schedule is required and the parties are unable to agree among themselves of such change, they shall seek directions of the Family Court, Thiruvalla for effective implementation of the O.P(F.C) No.1096 of 2010 4 above stipulations. The petitioner even in his absence will be entitled to seek such directions, so that he can have custody of the children when he comes on leave from his place of employment in Russia. 6. We record the above terms. This petition is accordingly allowed. 7. Hand over copies of this judgment to both counsel. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/