IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 19779 of 2008(S) -------------------------- OP.288/2005 of FAMILY COURT, NEDUMANGAD .................... PETITIONER: PETITIONER: ----------------------- T.BABY, JITHU BHAVAN, THELLANITHALA, VALIYARA, VELLANADU, THIRUVANANTHAPURAM. BY ADV. SRI.S.M.PREM SMT.SANTHI PREM SRI.S.S.HUSSAIN SRI.P.K.NIJOY RESPONDENTS: RESPONDENT; -------------------------------- ROBINSON, T.C.14/487, CHENNILODE, KUMARAPURAM, THIRUVANANTHAPURAM. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No. 19779 of 2008 Appendix Petitioner's Exhibits Ext.P1: True copy of G.O.P No. 288 of 2005 filed by the petitioner before the Family Court, Nedumangad. Ext.P2: True copy of the judgment dated 14.06.2007 in W.P(C) No. 18284 of 2007 of this Honourable Court. Ext.P3: True copy of the order dated 4.8.2007 in I.A. No. 1598 of 2007 in O.P No. 288 of 2005 of the Family Court, Nedumangad. Ext.P4: True copy of I.A. No. 340 of 2008 in O.P No. 288 of 2005 filed by the petitioner. //true copy// es KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ------------------------------------------ W.P.(C) No.19779 of 2008 ------------------------------------------- Dated this the 23rd day of July 2008 JUDGMENT Harun-Ul-Rashid,J The petitioner/mother filed this writ petition for a direction to the Family Court, Nedumangad to direct the respondent/father to comply with Ext.P3 order and to hand over the custody of the minor children Jithu and Chinnu to the petitioner/mother. The petitioner/mother herein filed I.A. 1598/2007 before the Family Court, Nedumangad in O.P. 288/2005 seeking interim custody of her two minor children . The children are now in the custody and protection of the respondent/father. The parties are living separately from the year 2004. The Original petition, mentioned above, was filed by the petitioner/mother for declaring her as the guardian of the minor children and for their permanent custody . The Family court Nedumangad, disposed of I.A. 1598/2007 by Ext.P3 order. The petitioner/ mother is allowed to see the children at the court premises on all 1st Saturdays from 10 a.m. to 12 noon. As directed by us the petitioner, respondent and their two children are present today. We have talked to the parties extensively. The parties requested this Court to settle the disputes between them for ever. The parties are economically very weak. Therefore they submitted before us that they are unable to continue the litigation. They have also agreed for arrangements regarding custody of the minor children. Accordingly we W.P (C) No.19779 of 2008 -2- direct that the custody of the two minor children shall continue with the respondent/father. The petitioner/mother is entitled to temporary custody for a period of two days in alternate weeks and for a period of one week each during Onam and Christmas holidays (first one week) and also for one month during summer holidays. The respondent/father agreed to take the children to the petitioner's native place and hand over the children at 10 a.m on Saturdays and shall collect the children on the following Sunday at 5 p.m from the premises of the Salvation Army Church, Vellanadu. The same timings are also applicable for Onam and Chirstmas holidays and summer holidays as well. The respondent/father shall hand over the children to the petitioner/mother at the same premises. in view of the arrangement regarding custody regarding the chilldren, O.P 288/2005 pending before the Family Court, Nadumangad is strucked off from its file. If any modification is necessary in future, the parties shall be at liberty to approach this Court. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, JUDGE es