IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WP(C).No. 33453 of 2007(S) -------------------------- AGAINST THE ORDER DATED / / IN CMP.202/06 IN MC.143/1999 of FAMILY COURT,KOZHIKODE .................... PETITIONER: ------------ 1. KOYIL SAMEER, D/O. ABDULLA, SUHARA MANZIL, AZHIYOOR, VADAKARA TALUK, KOZHIKODE DISTRICT. 2. HARIS, S/O. ABDULLA, AGED 20 YEARS, CHATHOTH THAZHE KUNIYIL HOUSE, KUNNUMMAL AMSOM DESOM, KAKATTIL (VIA), KOZHIKODE DISTRICT. BY ADV. SRI.C.VALSALAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V SRI.BIJU J.THADIKKAL RESPONDENTS: ------------- 1. AYISHA, W/O. ABDULLA, POYIL HOUSE, KUNNUMMAL AMSOM DESOM, (P.O.) CHELAKKAD, VADAKARA TALUK, KOZHIKODE DIST. 2. AJEER, AGED 18 YEARS, S/O. ABDULLA, KUNNUMAL AMSOM DESOM, (P.O.) CHELAKKAD, VADAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.PULIKKOOL ABUBACKER SRI.ZUBAIR PULIKKOOL SMT.M.V.SAVEENA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.33453/2007 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE ORDER DT. 12.11.99 IN M.C.NO.143/99 EXT.P2 : TRUE COPY OF THE BANK STATEMENT. EXT.P3 : TRUE COPY OF THE COMMON ORDER DT. 12.2.2007 BY FAMILY COURT JUDGE. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- W.P.(C) No.33453 of 2007 ---------------------------------------------- Dated 23rd January, 2008. J U D G M E N T Kurian Joseph, J. The writ petition is filed aggrieved by Exts.P1 and P3 orders passed by the Family Court, Kozhikode. Ext.P1 is an order passed in M.C.143/99, whereby Sri.C.K.Abdulla, the father of the petitioners was directed to pay maintenance at the rate of Rs.500/- to the wife and Rs.400/- each to the children. As per Ext.P3, further orders have been passed for detaining Sri.Abdulla for non-payment of arrears of maintenance. While Sri.Abdulla was in civil jail, this writ petition was moved by his daughter and son. Pursuant to the directions issued by this court, petitioners, the first respondent, another son born in Abdulla and Sri.Abdulla are present. After elaborate discussions with the parties with the assistance of the learned counsel appearing on both sides and also Adv.Sri.Ramkumar Nambiar and Smt.Prabha R.Menon as conciliators, the parties have decided to settle their disputes as follows :- The second petitioner will pay an amount of Rs.50,000/- to the first respondent within two weeks. He will pay a further amount of Rs.12,000/- on or before 31.3.2008. WP(C) NO.33453/07 2 Thereafter, before the 10th of every month, he will pay an amount of Rs.600/- to the first respondent. It will however be open to the second petitioner to settle the said liability of monthly payments, by making a one time payment of Rs.75,000/-. In view of the settlement as above, learned counsel on both sides submit that the parties have no further claims in respect of the impugned orders regarding maintenance. It is further agreed that the first respondent will not make any further claim under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 and hence the claim in M.C.14/05 on the file of the Judicial First Class Magistrate Court, Nadapuram, as confirmed in Crl.R.P.56/06 on the file of the Additional Sessions Court, Vatakara will not be pursued. The writ petition is accordingly disposed of in terms of the agreement as above. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs