IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 WP(C).No. 34561 of 2009(M) -------------------------- PETITIONER(S): --------------- BOBY JOSEPH, AGED 41 YEARS, S/O.JOSEPH PAILI, PUTHANPURAKKAL(ILLICHIRA HOSUE), VELIYILCHAL, THATTEKKADU.(P.O), KOTHAMANGALAM. BY ADV. SRI.THOMAS ABRAHAM SRI.DIPU.R SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS SRI.V.RENJITH KUMAR RESPONDENT(S): --------------- 1. DISTRICT SUPERINTENDENT OF POLICE ERNAKULAM (RURAL), ALUVA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, KOTHAMANGALAM. 3. SUB INSPECTOR OF POLICE KOTHAMANGALAM POLICE STATION, KOTHAMANGALAM. 4. SRI.C.O.DEVASSY, CHOWARAN HOUSE, MATTUR.P.O, MAROTTICHUVADE, KALADY. 5. SRI.SIJO SEBASTIAN, CHOWARAN HOUSE, MATTUR.P.O, MAROTTICHUVADE, KALADY. 6. SINI SEBASTIAN, CHOWARAN HOUSE, MATTUR.P.O, MAROTTICHUVADE, KALADY. WP(C).No. 34561 of 2009(M) : 2 : 7. SRI.V.K.JOSEPH, VADAKKANCHERY HOUSE, KALLAYAM, SREEMOOLA NAGARAM.P.O, ALUVA, ERNAKULAM DISTRICT. ADV. SMT.R.PADMAKUMARI FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34561 of 2009(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF COMPLAINT DATED 29-11-2009 / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P(C)No.34561 of 2009 ----------------------------------------- Dated this the 8th day of December, 2009 JUDGMENT Kurian Joseph, J. Petitioner approached this court seeking police protection. 6th respondent is the wife of the petitioner. 4th respondent is the father-in-law and 5th respondent is the brother- in-law of the petitioner and 7th respondent is the maternal uncle of the 6th respondent. Finding an element of settlement we directed the parties to be present before us. Petitioner and the 6th respondent are duly married and they have two children in the wedlock. Lack of understanding and misunderstanding, both cropped up in between them and their family life was in trouble. Thanks to the efforts taken by this court and thanks to the conciliation at the instance of learned counsel Smt.Priya.P.K., we find that the parties have decided to forgive each other and forget the past. Petitioner has promised that he will not in any way cause any emotional disturbance to the 6th respondent. It is submitted that past is dead and buried and they are starting their W.P(C)No.34561 of 2009 -:2:- life in a clean slate. The 6th respondent in turn submits that she will not in any way give room for any complaints whatsoever in future and the petitioner and the 6th respondent themselves will try to resolve their problems. Both sides also submit that in case they need any assistance they will first seek the assistance of the learned Conciliator Smt.Priya.P.K. Both sides are hopeful that there will not be any occasion for the same. Petitioner also submits that at the earliest he will be able to find out a separate residence to live with the 6th respondent, atleast for a few months in exclusion of all others. We direct the petitioner to find out a residence at the earliest, at any rate within one month from today. Petitioner submits that he will resume his normal work at Elite, Angamaly or in a better place. The submission made by both Boby and Sini that they will not hereafter part either in body or mind or heart is also recorded. 2. We find that the 6th respondent has filed O.P.No.743/2009 on the file of the Family Court, Ernakulam in the matter of custody of the children. Now that the parties have settled their disputes and purchased peace between them, it is W.P(C)No.34561 of 2009 -:3:- not necessary to continue the said original petition. Accordingly O.P.No.743/2009 on the file of the Family Court, Ernakulam will stand struck off from its file. We also make it clear that proceedings, if any, pending before the Vanitha Cell, Aluva, need not be pursued in view of the settlement as above. 3. We direct the petitioner to pay an amount of Rs.6,000/- (Rupees Six Thousand only) to the Conciliator towards remuneration. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.P(C)No.34561 of 2009 ---------------------------- JUDGMENT 8th December, 2009