IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(Crl.).No. 262 of 2009(S) --------------------------- PETITIONER(S): --------------- MR.BUSHAIR THAYYIUL MOHAMMED ALKATIB, S/O.LATE.THAYYIL MOHAMED ALKATIB,EDATHANTHODU HOUSE.PO,ARECODE,MALAPPURAM DT,PIN-676639. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.KRISHNA PRASAD. S RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE,M AREACODE, MALAPPURAM DISTRICT. 2. FASAL.N.V,S/O.N.V.AHMED KUTTY, METHALANGADY,NEAR METHALANGADY JUMA MASJID, AREACODE,MALAPPURAM DISTRICT-673639. 3. MRS.NAJMA.N.V,W/O.DR.FASAL.N.V, METHALANGADY, NEAR METHALANGADY,NEAR METHALANGADY, JUMA MASJID,AREACODE,MALAPPURAM DISTRICT-673639. 4. SUPERINTENDENT OF POLICE,MALAPPURAM. 5. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY,SECRETARIAT,THIRUVANANTHAPURAM. BY G.P. SRI. K.J. MOHAMMED ANZAR ADV. SRI.T.K.SAIDALIKUTTY FOR R2-3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No. 262 of 2009-S ------------------------------------------------- Dated this the 29th day of July, 2009 JUDGMENT Basant,J. The petitioner had filed this application under Art.226 of the Constitution for issue of a writ of habeas corpus to search for, trace and produce his wife Shamla and the 5 children born to him in her. He apprehended that his wife and children were under the illegal detention of respondents 2 and 3. 2. This writ petition was filed on 6/7/09. It was admitted to file on 7/7/09. Parties had appeared before this Court. They were referred to a Mediator. 3. Today, when the matter came up for hearing, the Mediator has reported to this Court that the parties have settled their disputes partly. Terms of agreement have been reduced to writing. The same has been duly signed by the W.P.(Cri) No. 262 of 2009-S -: 2 :- petitioner and the alleged detenue - his wife. The same has been duly countersigned by their counsel. Advocate Mr. P.T. Girijan, who was appointed as Mediator, reports that the disputes between the parties have not been fully settled. However, they are in agreement on three specific aspects which have been enumerated in the terms of agreement. 4. We have interacted with the petitioner herein and the alleged detenue - his wife. We take note of the terms of settlement and accept the same. In reply to specific queries put by this Court, parties and their counsel accept and submit that the direction for payment of Rs.25,000/- per mensem as maintenance to the 5 children can be reckoned as an agreement to pay Rs.5,000/- per mensem each to the 5 children. Parties and their counsel agree and we direct that the direction can be reckoned as a direction under Sec.125 Cr.P.C. 5. The mediated settlement is accepted. Consequently, this writ petition is allowed. The terms of agreement entered into between the parties is recorded and the same shall be appended to the judgment of this writ petition. The direction to pay maintenance shall be reckoned as direction under Sec.125 Cr.P.C. and all consequences shall follow. The visitorial rights enumerated in Clause (3) of the terms of agreement can be W.P.(Cri) No. 262 of 2009-S -: 3 :- reckoned as valid directions issued in exercise of the jurisdiction under the Family Courts Act and can be executed as such by the petitioner. 6. There are more outstanding disputes between the parties - about the custody of the children, about the rights of the petitioner - father for longer period of temporary custody, divorce, maintenance etc. We need only mention that the terms of agreement appended to this judgment will not in any way fetter the rights of the parties to approach the courts for such relief or for modification of the terms stipulated in the terms of agreement appended. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //True Copy// P.S. to Judge W.P.(Cri) No. 262 of 2009-S -: 4 :- W.P.(Cri) No. 262 of 2009-S -: 5 :- R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No. 262 of 2009-S ------------------------------------------------- Dated this the 14th day of July, 2009 ORDER Basant,J. The parties and their counsel have come before us along with the Mediator at 4.30 p.m. The efforts of the Mediator has borne fruit and the parties now agree that all the five children of the petitioner born in the alleged detenue and his two children in the other marriage shall be permitted to be together in the presence of the Mediator on 19/7/09 between 10 a.m. and 3 p.m. at Kadavu Resort, Byepass Road, Kozhikode. In the course of the interactions with the parties, we find that there is real possibility of a settlement of all outstanding disputes. Suggestions and proposals have been discussed. Parties want time to think about the suggestions and proposals. They requested that the case may be posted to 27/7/09 to continue the mediation. W.P.(Cri) No. 262 of 2009-S -: 6 :- 2. Call this petition again on 27/7/09. The Mediator shall also be present on that day. He shall report to the Court the manner in which the arrangement worked on 19/7/09. R. BASANT (Judge) M.C. HARI RANI (Judge) Nan/