IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 OP (FC).No. 2629 of 2011(R) --------------------------- OP GW.681/2011 of FAMILY COURT,KOLLAM .................... PETITIONER ------------------------------ NAVEEN ISSAC, AGED 37 YEARS, S/O.ANTONY ISSAC, EERASSERIL HOUSE, VENNALA P.O., KOCHI-28. BY ADV. SRI.K.R.VINOD SRI.JOSEPH FRANKLIN RESPONDENTS: ----------------------- 1. NISHAL PREM ELIAS (NISHAL ISSAC), D/O.PREM ELIAS, AGED 31 YEARS, ARDEN, VRINDAVAN NAGAR, NO.259, NEAR TOWN LIMIT, KADAPPAKKADA P.O., KOLLAM-691008. 2. SANYA MARY ISSAC, AGED 8 YEARS, (MINOR), REP. BY HER MOTHER NISHAL PREM ELIAS (NISHAL ISSAC), D/O.PREM ELIAS, AGED 31 YEARS, ARDEN, VRINDAVAN NAGAR, NO.259, NEAR TOWN LIMIT, KADAPPAKKADA P.O., KOLLAM-691008. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(FC)No.2629 of 2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE O.P.(GW)681/2011 OF FAMILY COURT, KOLLAM. EXT.P2 COPY OF THE COMPROMISE PETITION SIGNED BY THE PETITIONER AND THE IST RESPONDENT. EXT.P3 COPY OF THE JUDGMENT IN O.P.NO.1273/2007 DTD.27.2.2010 OF THE FAMILY COURT, ERNAKULAM. EXT.P4 COPY OF THE RECEIPT DTD.5.12.2009 ISSUED BY THE IST RESPONDENT. EXT.P5 COPY OF PROOF OF DELIVERY ISSUED BY THE CARGO SERVICE. EXT.P6 COPY OF RENEWAL PREMIUM RECEIPT ISSUED BY METLIFE. EXT.P7 COPY OF THE LIFE TIME SUPER PENSION POLICY ISSUED BY ICICI PRUDENTIAL LIFE INSURANCE. EXT.P8 COPY OF THE ACCOUNT STATEMENT OF HDFC MUTUAL FUND. EXT.P9 COPY OF THE ACCOUNT STATEMENT OF MORGAN STANLEY MUTUAL FUND. EXT.P10 COPY OF THE M.C.NO.26/2011 BEFORE THE FAMILY COURT, KOLLAM. TRUE COPY P.S.TO JUDGE css/ THOTTATHIL B.RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. ------------------------------------------- O.P. (FC) No.2629 of 2011 ------------------------------------------- Dated this the 10th August, 2011 JUDGMENT Thottathil B.Radhakrishnan, J Notice to respondents dispensed with preserving their right to seek rehearing of this matter, if aggrieved by the contents of this judgment. 2. The petitioner now faces Ext.P1 application under the Guardian & Wards Act and Ext.P10 application under Section 125 Cr.P.C. They are filed before the Family Court, Kollam. The petitioner's case is that the parties had litigations before the Family Court, Ernakulam and they had entered into Ext.P2 compromise settling all the issues and that the said compromise was accepted and acted upon. According to the petitioner, the terms of Ext.P2 governs the question of maintenance and also guardianship and custody. He pleads that Ext.P2 settlement has been honoured and therefore, the proceedings now initiated before the Family Court, Kollam are to be quashed. O.P.(FC)No.2629/2011 2 3. In matters relating to proceedings akin to civil jurisdiction, the proper course would be to move the Court where the present proceedings are initiated and apprise that authority about the earlier litigations and the settlement. We, however, see that the petitioner is in Bangalore and if his case as shown on the basis of Ext.P2 is one that stand with formidable support of materials or facts, he should get an opportunity before the Family Court, Kollam to have such issue brought to the notice of the learned Judge of the Family Court before Exts.P1 and P10 are further proceeded with. We are also of the view that since the petitioner says that he is in Bangalore in connection with his avocation, it would only be appropriate that he is permitted to be represented through an advocate for the time being in the Family Court, Kollam in Exts.P1 and P10 proceedings, without prejudice to the authority of the Family Court to order his appearance and availability in person, in the event of that Court overruling his objections built on Ext.P2 and proceeding to adjudicate Exts.P1 and P10 on merits. We therefore direct the petitioner to place a copy of this writ petition and also a copy of this judgment before the Family O.P.(FC)No.2629/2011 3 Court, Kollam and make an application seeking exemption from personal appearance for the time being and also for an opportunity to be represented through counsel in the light of what is stated above. The learned Judge of the Family Court will expeditiously consider such request of the petitioner. To enable such proceedings, further proceedings on Exts.P1 and P2 will stand suspended for a period of ten days from now. O.P. ordered accordingly. sd/- THOTTATHIL B.RADHAKRISHNAN JUDGE sd/- K.SURENDRA MOHAN JUDGE true copy p.s.to judge css/