IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 WP(C).No. 26381 of 2009(R) -------------------------- GOP.905/2009 of FAMILY COURT,ERNAKULAM .................... PETITIONER(S): --------------- GIFTY PETER, S/O.P.K.PETER, AGED 36 YEARS, PALANTHINKAL HOUSE, VAIKOM ROAD, THRIPUNITHURA. BY ADV. SRI.PAUL K.VARGHESE RESPONDENT(S): --------------- 1. ANJU ANTONY, AGED 33 YEARS, W/O.GIFFY PETER (D/O.ANTONY), PATTAMANA HOUSE, THOTTUMUGHAM P.O., ALWAYE (PERUMBAVOOR ROUTE). 2. ANTONY PATTAMANA, AGED ABOUT 65 YEARS, PATTAMANA HOUSE, THOTTUMUGHAM P.O., ALWAYE. (PERUMBAVOOR ROUTE). 3. DAISY, W/O.ANTONY PATTAMANA, AGED ABOUT 60 YEARS, PATTAMANA HOUSE, THOTTUMUGHAM P.O., ALWAYE. (PERUMBAVOOR ROUTE). ADV. SRI.K.J.KURIACHAN FOR R1 SRI.K.J.KURIACHAN FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.26381 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of January, 2010 JUDGMENT Joseph, J. Petitioner challenges Ext.P4. Ext.P4 is an order passed on an application for interim custody. By the said order, the petitioner was permitted to have access to the minor child from the church near to the residence of the respondents on the 4th Sunday of every month after the Holy Mass, for one hour, in the presence of the Vicar of the church or any person authorised by the Vicar. 2. Parties were referred to Mediation and a report has been received. From the report, it is clear that the disputes have been settled and they have started living together accepting the terms of the compromise suggested during mediation. The matter is reported settled. Today, learned counsel for the petitioner confirms that the matter has been settled and the parties are residing together . We record the submission of the learned counsel for the petitioner that the matter has been settled and that parties are living together in terms of W.P.(Crl.)No.26381/09 2 the settlement. In the light of this submission, obviously, there is no necessary for any interim custody as such as the parties are residing together. Accordingly, we set aside Ext.P4 as an order which has become unnecessary. K.M.JOSEPH, JUDGE P.Q.BARKATH ALI, JUDGE sv. W.P.(Crl.)No.26381/09 2 K.M.JOSEPH, JUDGE P.Q.BARKATH ALI, JUDGE sv. W.P.(Crl.)No.26381/09 2