IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 WP(Crl.).No. 458 of 2010(S) --------------------------- PETITIONER(S): --------------- JAYANTHA, AGED 37, S/O. MAHEN DRAN. REMYA, CHILAKKOOR ROAD, VARKALA. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): --------------- 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF C.I. OF OLICE, MUSEUM. 3. THE SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION. 4. SELINA HARIDAS, AMBADI, J.P.NO.79, JAGATHY, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. K.J. MOHAMMED ANZAR ADV. SRI.AMJAD ALI FOR R4~ SRI.MANSOOR.B.H. FOR R4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 07/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(Cri) No. 458 of 2010-S ------------------------------------------------- Dated this the 7th day of December, 2010 JUDGMENT Basant,J. This judgment must be read in continuation of the various orders passed earlier in the matter by this Court resting with the order dated 1/12/10. 2. The petitioner had filed this application for issue of a writ of habeas corpus to search for, trace and produce his wife and minor child who, he alleged, were under the illegal detention and confinement of his mother-in-law, the 4th respondent herein. Parties had appeared before Court. Attempts were made to settle the disputes between the parties. Parties came to some sort of understanding the details of which have been recorded in the order dated 1/12/10. 3. Today, when the matter came up for hearing, both counsel submit that the matter has been settled between the parties finally now. They have accordingly filed a joint W.P.(Cri) No. 458 of 2010 -: 2 :- application for dissolution of marriage by mutual consent under Sec.13B of the Hindu Marriage Act. All the terms have been incorporated therein. Parties undertake to abide by the said terms and it is submitted, in these circumstances, that no further directions are necessary in this writ petition. That joint petition for divorce by mutual consent under Sec.13B of the Hindu Marriage Act is now pending before the Family Court, Trivandrum, as O.P.No.1603/10, it submitted. Parties shall seek orders in that O.P. in accordance with the terms of settlement, it is submitted. 4. We are, in these circumstances, satisfied that no further directions are necessary in this writ petition filed under Art.226 of the Constitution. This writ petition is accordingly dismissed as agreed making note of the submissions recorded above. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge W.P.(Cri) No. 458 of 2010 -: 3 :- R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(Cri) No. 458 of 2010-S ------------------------------------------------- Dated this the 1st day of December, 2010 ORDER Basant,J. This order must be read in continuation of the earlier orders passed by us in the matter. 2. Today, when the case came up for hearing, after the discussions between the spouses in the presence of their counsel, they agree on the following terms. They want the terms to be recorded by this Court to avoid any future unnecessary disputes. Accordingly, we proceed to record the terms: (1) The spouses agree that their marriage can be dissolved by filing a joint application for divorce by mutual consent under Sec.13B of the Hindu Marriage Act. That petition shall be filed on or before 6/12/10. In such petition, following terms shall also be incorporated: (i) Two blank signed papers were handed over by the wife to the husband while they were living in harmony. The husband W.P.(Cri) No. 458 of 2010 -: 4 :- acknowledges having received those blank papers, he submits that they are not traceable now. He undertakes that he shall attempt to trace them and if traced, the same shall be returned to the wife under acknowledgment. If they are not traced, it is agreed, stipulated and undertaken that they shall not, in any way, be misused or permitted to be misused by the husband. (ii) The wife shall be appointed guardian of the child. The child shall continue in the custody of the wife. The child shall be accommodated at the house of the wife at `Ambadi', J.P.No.79, Jagathy, Thiruvananthapuram-695 014. If there is any change in the residence of the child, the husband shall be notified of such change in advance. The husband shall have visitorial rights. He shall be entitled to the custody of the child two weeks every year. He can avail of such custody either together or in instalments. He shall inform the wife about his visit to India and the time during which he requires custody of the child sufficiently in advance. The husband shall be at liberty to collect the child from the house of the wife and leave the child back at her residence or at any other place mutually agreed upon and if there be any difficulty in implementing this, directions can be sought from time to time from the Family Court. (iii) While the child is in the custody of the father, the child W.P.(Cri) No. 458 of 2010 -: 5 :- shall not be taken away outside the District of Thiruvananthapuram. While the child is in the custody of the husband, the educational requirements of the child shall be scrupulously taken care of and the education of the child shall not be interrupted. (iv) An amount of Rs.20,000/- (Rupees twenty thousand only) shall be paid every month as maintenance for the child by the husband from this day i.e., 1/12/10. The amount shall be remitted every month to the account of the child in any nationalized bank to be specified by the mother. That account shall be operated by the mother as guardian of the child. (v) An amount of Rs.2 lakhs (Rupees two lakhs only) shall be deposited in the name of the child by the husband before the application under Sec.13B is filed. That amount shall be payable to the child along with interest on his attainment of majority. Before the petition under Sec.13B of the Hindu Marriage Act is ordered (after 6 months), the husband shall deposit a further amount of Rs.3 lakhs (Rupees three lakhs only) in the name of the child in any nationalized bank. That amount shall also be payable to the child along with interest only on his attainment of majority. (vi) The husband shall transfer 5 cents of land belonging to him in the 15 cents plot which he owns near the Techno Park, W.P.(Cri) No. 458 of 2010 -: 6 :- Thiruvananthapuram, before the application under Sec.13B comes up for final hearing after 6 months. The transfer shall be in the name of the minor child with the mother as guardian. It is made clear that the property cannot be alienated until the child attains the age of 18 years. (vii) The husband shall be permitted to have telephonic/ e-mail/skype access to the child as and when the husband wants. The child shall also be permitted to contact his father - husband. (viii) If there be any unforeseen change of circumstances, parties shall be at liberty to approach the Family Court, Thiruvananthapuram, for appropriate modification of the above conditions regarding custody and maintenance of the child. (ix) The P.R. Card and the Health Card of the deceased child of the spouses shall be returned by the wife to the husband before the petition under Sec.13B is filed. It is submitted that the passport has been surrendered before the police by the wife. She shall do all that is necessary to enable the husband to claim return of the passport from the police or transmission of the surrendered passport to the Consulate authorities. (x) It is stipulated that all outstanding disputes are hereby settled and the parties have no claim whatsoever against the other. (xi) It is stipulated that the wife shall not take the child out W.P.(Cri) No. 458 of 2010 -: 7 :- of India without taking the prior permission of the Family Court. (xii) It is further stipulated that these terms are agreed upon in supersession of all earlier stipulations including the stipulations by courts. It is submitted that the husband has obtained orders from the Canadian Courts ex parte. Necessary report shall be made before the concerned court to inform and apprise the court of this comprehensive settlement and to get all earlier orders withdrawn/modified/recalled. (xiii) It is agreed that a joint petition under Sec.13B incorporating all the above terms shall be filed before the Family Court and orders of the Family Court solicited on all the above stipulations. Such petition shall be got ready and filed on or before 6/12/10. (xiv) Spouses agree that the child shall be handed over to the custody of the husband by the wife at 5 p.m. on 3/12/10. The child shall be returned to the custody of the mother at 5 p.m. on 5/12/10. During this period the father shall be at liberty take the child to any place in Thiruvananthapuram District; but not outside. 3. Call this petition again on 7/12/10 for confirmation of compliance with these directions and issue of final orders. W.P.(Cri) No. 458 of 2010 -: 8 :- R. BASANT (Judge) K. SURENDRA MOHAN (Judge) Nan/ W.P.(Cri) No. 458 of 2010 -: 9 :- R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P. (Cri) No. 458 of 2008 ------------------------------------------------- Dated this the 30th day of November, 2010 ORDER Basant,J. Both parties are present. The child is also produced. The child is handed over to the custody of the petitioner at 10.25 a.m. The petitioner shall report before us at 4.25 p.m. with the child. The petitioner shall be permitted to take the child out of the Court campus; but within only a distance of 5 Kms. around the Court. Call at 4.25 p.m. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ W.P.(Cri) No. 458 of 2010 -: 10 :- R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P. (Cri) No. 458 of 2008 ------------------------------------------------- Dated this the 29th day of November, 2010 ORDER Basant,J. The petitioner is present. The alleged detenus - his wife and child are present. The alleged detenue states that she has come to Court with the child. The 4th respondent is not present before Court today. This was in response to the directions of this Court on the last date of posting as the petitioner had entertained a fear/apprehension that the 4th respondent is prevailing upon his wife not to resume harmonious relationship with him. We direct the parties to go before the Nodal Officer. We direct the Nodal Officer to immediately assign the services of a Mediator to the parties. Counsel must co-operate with the Mediator and attempt a harmonious settlement. As the petitioner wants to leave India shortly we want the Mediator to make every effort to settle the dispute between the parties. 2. In response to the request of the petitioner, we direct W.P.(Cri) No. 458 of 2010 -: 11 :- the alleged detenue to hand over the child to the petitioner with specific directions to the petitioner and the alleged detenue that they must come back before us at 4.25 p.m. today. Inform the Mediator straightaway. R. BASANT (Judge) K. SURENDRA MOHAN (Judge) Nan/