IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 13003 of 2009(U) -------------------------- PETITIONER(S): 1 ---------------- 1. K.MADHUKUMAR,S/O.KRISHNANACHARY, TC NO.23/638,VALIASSALA,THIRUVANANTHAPURAM. ADDL.2. SRI.GOPAKUMAR, AGED 40 YEARS, S/O.RAMAKRISHNAN ACHARI, SANTHA BHAVAN, VADAKKUMBHAGAM, NEAR BLOCK OFFICE, KAZHAKUTTAM.P.O., THIRUVANANTHAPURAM [IMPLEADED AS ADDL.SECOND PETITIONER AS PER ORDER DATED 20/11/2009] BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): --------------- 1. COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY. 2. CIRCLE INSPECTOR OF POLICE, THAMPANOOR POLICE STATION, THAMPANOOR,THIRUVANANTHAPURAM. 3. PADMAKUMARI,D/O.KRISHNAMMAL, ARUN NIVAS,TC 41/1059,KURIATHY, MANACAUD P.O,THIRUVANANTHAPURAM. 4. PARAMESWARAN,ARUN NIVAS,TC 41/1059, KURIATH,MANACAUD P.O,THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS ADV. SRI.DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13003 of 2009 APPENDIX PETITIONERS EXHIBITS: EXT.P1: TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT WITH COPY TO THE FIRST RESPONDENT DATED 18/4/2009. /TRUE COPY/ PA TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P.(C).No.13003 of 2009 ----------------------------------------- Dated this the 7th day of December, 2009 JUDGMENT Kurian Joseph,J. The petitioner approached this court seeking police protection. Finding an element of settlement, we directed the parties to be present before this court. Thanks to the step taken by this court and thanks to the strenuous efforts taken by Sri.K.I.Abdul Rasheed, Conciliator cum Mediator, the disputes have been amicably settled between the additional second petitioner and the third respondent. Following are the terms of settlement. a) This settlement is arrived at in suprecession of terms of compromise arrived at between the parties as per joint compromise petition dated 26/5/2008 in O.P.No.94/2005 on the files of the Family Court, Thiruvananthapuram. b) The additional 2nd petitioner shall have the custody of the minor child “Goutam Krishan” form Monday W.P.(C).No.13003 of 2009 2 to Friday and the third respondent shall have the custody of the child on Saturday and Sunday. c) The Additional 2nd Petitioner shall take the child to the residence of 3rd respondent on Friday after the school hours either in person or through his representative. The child shall be handed over the Additional 2nd petitioner or his representative on Monday morning sufficiently early, so that the child can reach the school in time. d) During summer holidays the 3rd respondent shall have custody for the initial 45 days and the additional 2nd petitioner shall have custody for the remaining 15 days. e) During Onam and Chirstmas Holidays the third respondent shall have custody for the initial ¾ period of vacation days and the additional 2nd Petitioner shall have custody for the remaining ¼ period. f) The additional 2nd petitioner shall be at liberty to select a school of his choice for the education of W.P.(C).No.13003 of 2009 3 the minor and he shall meet all expenses for the education. The respondent will be at liberty to visit the child in school and to ascertain his academic performance without causing any embarrasment to the Additional 2nd petitioner. Parties hereby undertake that they will not raise any allegations against each other before school authorities. g) The parties shall not file any litigations or complaints against each other before any court or any other authorities.The additional 2nd petitioner and third respondent shall withdrawn I.A.No.1132/ 2009 filed in O.P.No.94/2005 on the file of Family Court, Thiruvananthapuram. h) The first petitioner shall not be disturbed in any manner by respondents 3 and 4 or their relatives. i) The terms of this settlement will be effect from 1/6/2010 onwards and till then the terms of settlement arrived at between the parties on 26/5/2008 in O.P.No.94/2005 on the files of the Family Court, Thiruvananthapuram will be strictly W.P.(C).No.13003 of 2009 4 complied with by both parties. j) In case any dispute arises regarding the terms of settlement additional 2nd Petitioner and the 3rd respondent through their counsels are at liberty to seek the assistance of Sri.K.I.Abdul Rasheed, who is the mediator in the matter. 2. The above terms are recorded. The writ petition is disposed in terms of settlement. The second petitioner shall pay an amount Rs.5,000/- (Rupees Five Thousand only) towards remuneration to the mediator within two weeks. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ssn