IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 24543 of 2008(S) -------------------------- OPHMA.529/2008 of FAMILY COURT, ALAPPUZHA .................... PETITIONER(S): --------------- KALA, D/O.K.PURUSHOTHAMAN, 34, ANETHU PARAMBU, NORTH ARYAD PO., KALAVOOR, ALAPPUZHA BY ADV. SRIR.AZAD BABU RESPONDENT(S): --------------- PRAMOD KUMAR, S/O.PRABHAKARAN, KALLUPURACKAL, KARUMADY PO., ALAPPUZHA. ADV. SRI.R.BINDU (SASTHAMANGALAM) FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.24543/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE O.P.(HMA)529/08 FILED BEFORE THE FAMILY COURT, ALAPPUZHA. EXT.P2. TRUE COPY OF THE I.A.NO.2052/08 FILED BEFORE THE FAMILY COURT FILED BY RESPONDENT. EXT.P3. TRUE COPY OF THE ORDER DATED 30-5-2008 PASSED BY THE FAMILY COURT, ALAPPUZHA EXT.P4. COPY OF PROGRESS CARD IN THE NAME OF THE MINOR CHILD ISSUED FROM THE SCHOOL. EXT.P5. TRUE COPY OF THE CERTIFICATE DATED 7-6-2008 BY THE PRINCIPAL OF THE SCHOOL. EXT.P6. TRUE COPY OF OBJECTIONS TO IA NO.2052/08 FILED BY THE PETITIONER BEFORE THE FAMILY COURT. EXT.P7. TRUE COPY OF THE IA 2371/08 FILED FOR HAVING CUSTODY OF THE CHILD FILED BY THE PETITIONER. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- W.P(C)No.24543 of 2008 ----------------------------------------- Dated this the 22nd day of October, 2008 JUDGMENT Kurian Joseph,J. Ext.P3 order passed by the Family Court, Alappuzha is under challenge at the instance of the wife. As per the said order the petitioner-wife was restrained from forcibly taking their child Sandra from the custody of the father. When the matter came up before us we directed the parties to be present before us. We also had the assistance of Sri.Harish and Sri.Philip Mathew as Conciliators. Having interacted with the parties we suggested that the father and mother should be equally concerned on the welfare of their daughter and that the daughter has the right to get the love, care, share and protection of both parents. 2. Learned counsel on both sides submit that good sense has prevailed over the parties and they are living together happily. We record our appreciation for the co-operation extended by the counsel on both sides and the learned Conciliators. We also appreciate the good move taken by the W.P(C)No.24543 of 2008 -:2:- parties. We direct them to be together until death separates them, by forgiving each other and forgetting the past for ever. In that view of the matter it is not necessary to continue further proceedings before the Family Court, Alappuzha. Therefore, O.P. (HMA)No.529/2008 is struck off from the file of the Family Court, Alappuzha. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- W.P(C)No.24543 of 2008 ---------------------------- JUDGMENT 22nd October, 2008