IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 OP(Crl.).No. 2139 of 2011(Q) -------------------------------------- CRA.336/2011 of D.C. & SESSIONS COURT, ERNAKULAM .................... PETITIONER --------------------- REJITHA RADHAKRISHNAN, AGED 26 YEARS, D/O.RADHAKRISHNAN, 36/86, KALAMASSERY, THRIKKAKARA P.O., ERNAKULAM, REPRESENTED BY HER FATHER AND POWER OF ATTORNEY SRI.P.K.RADHAKRISHNAN, AGED 54 YEARS. BY ADV. SRI.T.M.RAMAN KARTHA RESPONDENT(S): -------------------------- PRADEESH.K.A, KOOTHAMPARAMBIL HOUSE, AMMANKOVIL ROAD, NEAR KSRTC BUS STAND, ERNAKULAM. 682 035. R1 BY ADV. SRI.S.NIRMAL KUMAR THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss OPCR. NO.2139/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE AFFIDAVIT AND PETITION IN MP. 1212/2011 DTD. 2.4.2011 . P2:- COPY OF THE ORDER DTD. 15.3.2011. P3:- COPY OF THE RECEIPTS DTD. 28.4.2011, 27.4.2011 AND 11.5.2011. P4:- COPY OF THE MARRIAGE CERTIFICATE DTD. 29.4.2004. P5:- COPY OF THE ORDER IN CRL.MP. 1212/2011 DTD. 30.6.2011. P6:- COPY OF THE APPEAL MEMO IN CRL.A.336/2011 DTD. 1.7.2011. P6(a):- COPY OF THE STAY PETITION FILED IN CRL.A. 336/2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss B.P. RAY, J. - - - - - - - - - - - - - - - - - O.P. (Crl.) No.2139 of 2011 - - - - - - - - - - - - - - - - Dated this the 27th day of July, 2011. JUDGMENT Heard the learned counsel for the petitioner. 2. The petitioner has filed this Original Petition for a direction to the courts below to dispose of Crl.A. No. 336 of 2011 and Crl.M.P. No. 1857 of 2011 without insisting upon the personal appearance of the petitioner and for staying the proceedings of the learned Chief Judicial Magistrate Court of Ernakulam in Crl.M.P. Nos. 1212 and 1165 of 2011. By order dated 07.07.2011, the petitioner was directed to produce the child before this Court. The child namely, Joshwa aged 6 years was produced in court and this Court wanted to know as to whether he wants to remain with the mother or with the father. The child expressed his view that he wants to remain with her maternal grant parents as his mother is staying abroad. After the child expressed his opinion, the parties have filed a joint statement signed by both the counsels as well as the parties. 3. Paragraph 4 of the said statement is quoted hereunder: “4. As per the settlement the respondent is allowed to visit O.P.(Crl.) No. 2139/2011 -:2:- the child on every Saturdays and Sundays at 10 AM to 1 PM at the office of the Counsel for the petitioner (Sri. T.M. Raman Kartha, Advocate, Empire Building, 4th Floor, East of High Court, Cochin -18). It is further agreed that the custody of the minor child 'Joshwa @ Thejo' shall remain with the petitioner -mother.” 4. In view of such statement, I direct that the child shall remain with the mother and the father shall have the visiting right as quoted above and all further proceedings pending before the trial court as well as the appellate court shall be treated to be closed. This Original Petition is disposed of as above. sd/- B.P. RAY, JUDGE. rv