IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 WP(C).No. 19896 of 2008(S) ---------------------------------- OP.269/2006 of FAMILY COURT, THODUPUZHA .................... PETITIONER: ---------------- JICKU JACOB, S/O.V.J.JACOB, AGED 40 YEARS, VETTUKATTIL HOUSE, NETTITHOLU P.O., ANAKKARA VILLAGE, UDUMBANCHOLA, IDUKKI DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN HARIHARAN RESPONDENTS: ------------------ 1. SRI.K.M.GEORGE, MUHTHANATTU HOUSE, THANKAMONI P.O., IDUKKI DISTRICT. 2. SMT.LEELAMMA GEORGE, W/O.K.M.GEORGE, MUHTHANATTU HOUSE, THANKAMONI P.O., IDUKKI DIST. BY ADV. SRI.K.R.SUNIL FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19896/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE ORDER DATED 06.05.2006 IN I.A. No. 1069/06 IN O.P.No.353/06 PASSED BY THE FAMILY COURT, ERNAKULAM. EXT. P2 : COPY OF THE COMMON ORDER DATED 17.04.2008 PASSED INTER ALIA IN O.P.(G&W)No. 269/06. EXT. P3 : COPY OF THE PETITION FILED TO RESTORE THE O.P.(G&W)No.269/06 BEFORE THE FAMILY COURT, THODUPUZHA. EXT. P4 : COPY OF THE PETITION FILED FOR SETTING ASIDE THE EX PARTE ORDER IN O.P.(DIV)No. 118/2006 FILED BEFORE THE FAMILY COURT, THODUPUZHA. EXT. P5 : COPY OF THE PETITION FILED FOR SETTING ASIDE THE EX PARTE ORDER IN O.P.No.(G&W) 119/2006 FILED BEFORE THE FAMILY COURT, THODUPUZHA. RESPONDENT'S EXHIBITS: NIL // True Copy // P.A. to Judge. smp KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- W.P.(C). No. 19896 OF 2008 ----------------------------------------- Dated this the 16th day of July, 2008. J U D G M E N T Kurian Joseph, J. This writ petition is at the instance of the petitioner in O.P.(G&W)No.269/2006 and the respondent in O.P.(Div) No.118/06 and O.P.(G&W)No.119/06, all on the file of the Family Court, Thodupuzha. O.P.(G&W)Nos.119 and 269 of 2006 pertains to custody of the minor child born to the petitioner in Smt.Biji George and O.P.(Div)No.118/2006 is the petition filed by Smt.Biji George for divorce. The Family Court allowed the petition for divorce and in the case on guardianship, the mother was appointed as guardian. 2. According to the petitioner, orders were passed in those cases without the petitioner getting sufficient opportunity and hence he has approached the Family Court for setting aside the orders passed in the above cases. 3. When the matter came up before us in the writ petition praying for a direction to take expeditious decisions on the W.P.(C). No. 19896/08 2 petitions, we directed the parties to be present before us. We also appointed Smt.K.G.Saralakutty, counsel practicing before this Court as Conciliator. Thanks to the strenuous efforts taken by the learned Conciliator, thanks to the co-operation extended by the parties and thanks to the efforts taken by this Court, parties have reached a settlement. They have also filed a statement regarding the terms of settlement. 4. Both parties agree that their minor child Clement Jicku can be taken to England along with the mother for the purpose of education. It is further agreed that once in a year, the child will be brought to Kerala and during the leave period in Kerala, the child can be sent to the custody of the father. It is also agreed that it will be open to Sri.Jicku Jacob to contact the child over telephone in England. Smt.Biji George is directed to inform the petitioner the telephone number at the residence in England so that the petitioner will be in a position to talk to the child once in a week. As soon as Smt.Biji George and the child reach Kerala once in a year during vacation, she shall inform the matter to the petitioner and it will be open to Sri.Jicku Jacob to go and collect the child from Smt.Biji George. Parties agree that the custody W.P.(C). No. 19896/08 3 can thus be given to Sri.Jicku Jacob at the premises of the Catholic Church, Thankamoni. As agreed to between the parties, it is made clear that the parents of Sri.Jicku Jacob shall ensure proper custody and care of the child when the child is thus sent with Sri.Jicku Jacob. Since the dispute has thus been settled between the parties, Sri.Jicku Jacob submits that he has absolutely no objection in the child Clement Jicku being taken by the mother Biji George to England and that he will render all necessary assistance for obtaining the immigration. In that view of the matter, it is not necessary to pursue Exhibits P3 to P5. They are hence dismissed. In view of the service rendered by the learned Conciliator cum Mediator, we find that the Mediator has to be appropriately remunerated. We fix the fees as Rs.5,000/- (Rupees Five Thousand only) which will be equally shared by the parties. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, JUDGE smp