IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 Mat.Appeal.No. 119 of 2005(E) ----------------------------- OP.142/1999 of FAMILY COURT, KOTTAYAM .................... PETITIONER: APPELLANT/RESPONDENT -------------------------------- K.K.KHAN, S/O.KOCHUKUNJU, RESIDING AT MADHAVAPURAM HOUSE, KALLIKKATTU MURI, AMBALAPPUZHA VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENTS: PETITIONER ----------------------- JAYASREE, W/O.K.K.KHAN, JAYARAJ BHAVAN, NADUVILE VILLAGE, M.C.WARD-4, PLASSERI, VAIKOM KOTTAYAM DISTRICT. BY ADV. SRI.P.A.ABDUL JABBAR FOR R1 SMT.K.V.RESHMI(CONCILIATOR) SMT.MAJIDA.S(CONCILIATOR) SRI.K.RAMACHANDRAN[MEDIATOR] THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2008, ALONG WITH MA NO.325 OF 2006 MA NO.458 OF 2007 MA NO.579 OF 2007 MA NO.646 OF 2007 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- Mat.Appeal Nos.119/2005,325/2006, 458, 579 & 646/2007 ----------------------------------------- Dated this the 26th day of May, 2008 Kurian Joseph,J. Parties are present. We talked to them extensively. We had the able assistance of Sri.K.Ramachandran. We spent a lot of time for mediating. Thanks to the co-operation extended by the parties, thanks to the able assistance of the learned counsel appearing on all sides and thanks to the efforts taken by the court and of course owing to the assistance of Sri.K.Ramachandran the parties have decided to settle the disputes between them in the following terms:- 1) Sri.Khan has handed over an amount of Rs.5 lakhs and has made a deposit of Rs.4 lakhs in Vaikom Urban Co-operative Bank in the joint name of Jayasree and Athira and the receipt has been handed over to Smt.Jayasree. 2) Sri.Khan will pay a further amount of Rs.4 lakhs within a period of six months in the name of daughter Athira and if in any case such payment is not made within the said period, Sri.Khan will pay an amount of Rs.3,000/- per month, till such payment of Rs.4 lakhs is made. The amount of Rs.3,000/- as above shall be paid before 10th of every month starting from the month of October, 2008. 3) It will also be open to Smt.Jayasree and Athira to close the Mat.Appeal Nos.119/2005,325/2006, 458, 579 & 646/2007 -:2:- joint investment of the said amount after seeking permission from this court. 4) Parties agree that they will file a joint petition under Section 13B of the Hindu Marriage Act, 1955. 5) Parties agree that they shall have visitorial rights of the children. As far as custody of the children is concerned, son shall be continued with the father and the daughter with the mother. Parents will facilitate cordial relationship between the children. 6) Parties agree that they shall not move any court for any litigation pertaining to this dispute and if any clarification is required and if any dispute arises in future between the parties, they would move only this court for appropriate clarification of this judgment. 7) Parties agree that the entire cases now pending both on the civil and criminal side can be closed. 8) Parties agree that they shall have no further claims against each other in future and that the payments as above in full and final settlement of the entire claims between them including that of maintenance, return of gold ornaments, alimony etc. (9) Until the balance amount of Rs.4 lakhs is paid by Sri.Khan there will be a charge on the immovable properties referred to in I.A.No.1119/2008. Mat.Appeal Nos.119/2005,325/2006, 458, 579 & 646/2007 -:3:- 2. True, they have decided to part. But in the background of the disputes between them and particularly in the background of their separation for the last morel than 11 years, we are also convinced that separation is in the interests of both the parties. It is heartening to not that we are able to convince them that even while parting they can part as friends. We have also convinced the children that though the father and mother may separate as husband and wife for the children they are still their father and mother and that they are entitled to have the love, care, protection and warmth of the father and mother. Equally the father and mother are liable to extend the same sentiments to their children. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. -------------------------------------- Mat.Appeal Nos.119/2005,325/2006, 458, 579 & 646/2007 JUDGMENT 26th May, 2008