IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 Con.Case(C).No. 301 of 2009(S) -------------------------------------------- AGAINST THE JUDGEMENT IN MFA.118/2005 Dated 16/08/2005 .................... PETITIONER/RESPONDENT: ---------------------------------------- DR.V.G.SHEELA, DEVA PRABHA, NEAR CHAMUNDI HILL PALACE AYURVEDIC RESORT, NADUKANI, EDAKUNNAM P.O., KANJIRAPPALLY, KOTTAYAM DISTRICT. BY ADV. SRI.JOY GEORGE SMT.PRAICY JOSEPH RESPONDENT/APPELLANT: ---------------------------------------- MR.RAJESH, S/O.SUGATHAN, AGED 40 YEARS, ALAYATH VEEDU, KOTTACKAKOM WARD, KOLLAM. BY ADV. SRI.B.SURESH KUMAR THIS CONTEMPT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ Cont. Case (C)No.301 of 2009 ------------------------------------------ Dated, this the 24th day of March, 2009 JUDGMENT S.R.Bannurmath, C.J. This contempt petition is filed alleging disobedience of the order dated 16th August, 2005 passed in M.F.A.No.118 of 2005. 2. After appearance of the parties and their counsel, today both the parties have filed a compromise memo under Order XXIII Rule 3 of the Code of Civil Procedure reporting that the matter has been amicably settled between the parties. The terms of the compromise memo are as follows: 1. The mother of Bharath S.Rajesh, who is 8½ years old, will be given custody for a period of 14 days during summer vacation and 5 days each during Onam and Christmas vacation at the beginning of the vacation. Cont. Case (C)No.301 of 2009 - 2 - 2. The father of the child will bring the child before the Registrar General of the Kerala High Court and the mother will take custody from there and the child will be brought back by the mother before the Registrar General of the Kerala High Court after the above mentioned period. 3. Both the parties undertake to comply with the above terms in modification of the conditions in the judgment in MFA No.118/2005 and if there is any violation to the above terms it is agreed that the conditions in the judgment in MFA No.118/2005 would be restored.” In terms of the compromise memo, as normalcy has been restored, we deem it proper to close this contempt petition. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns