IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 MFA.No. 183 of 2005() --------------------- OP.636/2005 of FAMILY COURT, NEDUMANGAD .................... APPELLANT: PETITIONER: ---------------------- SOUDA BEEVI, D/O. KHADEEJA BEEVI, ATHIYA MANZIL, KURAKKANNI, VARKALA, TRIVANDRUM DISTRICT. BY ADV. SRI.J.S.AJITHKUMAR RESPONDENT: COUNTER PETITIONER: -------------------------------- AJI. A., S/O. ABDUL JAWAD, MADATHILAZHIKOM, KAYALPURAM, AYIROOR. P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.G.S.REGHUNATH FOR R1 SRI.SHAMMI VIJAYAN THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER IN I.A. NO. 3546 OF 2005 IN M.F.A. NO. 183 OF 2005. DISMISSED 8.7.2008 Sd/-(KURIAN JOSEPH, JUDGE) Sd/-(HARUN-UL-RASHID, JUDGE) KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- M.F.A.NO. 183 OF 2005 ---------------------------------------------------------------- Dated this the 8th day of July, 2008 JUDGMENT Harun-Ul-Rashid, J. This appeal is directed against the judgment dated 9.9.2005 in O.P. No.636 of 2005 on the file of the Additional Family Court, Nedumangad. The appellant herein is the petitioner in O.P. No.636 of 2005. She is the maternal grandmother of two minor children, Mohammed Ilhan and Ayisha. The respondent in the Original Petition is the father of the children. The parties herein are referred to as the petitioner and respondent as in the Original petition. 2. The respondent married the daughter of the petitioner, Hathiya Beegum on 25.10.1998. Two children were born in the wedlock and the daughter of the petitioner died on 7.1.2003 due to internal bleeding after the birth of the second child. The Original petition was filed by the maternal grandmother for getting permanent custody of the children. The Original Petition was opposed by the respondent/father of the children. He filed a counter claim seeking custody of the children and to appoint him as M.F.A. NO.183/2005 2 their guardian. After an elaborate consideration of the dispute between the parties, the court below came to the conclusion that for healthy growth and development of personality of the children, their custody should be entrusted to the respondent/father. The court below dismissed the Original Petition and allowed the counter claim and ordered to hand over custody of the minor children to the respondent/father and appointed him as their guardian. The petitioner/maternal grandmother was allowed to see the children on every Second Saturday from 10 a.m. to 12 noon at the premises of Varkala Police Station. The above order is under challenge in this appeal. 3. As directed by this Court, the parties appeared before us on more than one occasion. We have discussed the dispute with the parties. The parties finally appeared on 8.7.2008. After a prolonged discussion, the parties agreed to settle the dispute. As per the terms of agreement, the custody of the children shall be with their father. The respondent/father has agreed to take care of the children and to meet all their expenses. It is also agreed that the appellant/maternal grandmother shall have custody of the children for two days a month The children shall be handed over to the appellant before 5 p.m. on Friday preceding Second Saturday and they shall be returned to the respondent/father before 5 p.m. on the following M.F.A. NO.183/2005 3 Sunday. It is further agreed that the children shall stay with their maternal grandmother for the first one week each during Onam and Christmas holidays and for the first one month during mid summer vacation. The respondent/father shall take the children to their grandmother and take them back on the days mentioned above. The parties have also agreed that in the interest of the children, they will desist from filing any case against each other. The terms of agreement are recorded. In view of the developments as above, it is only in the interests of the parties and in the interests of justice that the criminal litigation between the parties is also put an end to. Hence, Crime No.153 of 2003 of Varkala Police Station shall stand quashed. The judgment under appeal is set aside. The appeal is disposed of as above. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ M.F.A. NO.183/2005 4 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. M.F.A. NO. 183/2005 JUDGMENT 8th July, 2008 M.F.A. NO.183/2005 5