IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WP(C).No. 15776 of 2008(S) -------------------------- MC.121/2007 of FAMILY COURT,ERNAKULAM .................... PETITIONER: ------------ SALIM, S/O. KUNJUMOHAMMED, AGED 40 YEARS, RAYAMARAKKAR VEETTIL, PUTHIYAKAVU DESOM, PAPPINIVATTAM VILLAGE, KODUNGALLUR TALUK. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENTS: ------------- SAFVANA, AGED 10, D/O. SAJLA, KANNAM CHAKKASSERY,MACHAMTHURUTHU DESOM VADAKKEKARA VILLAGE, PARAVUR TALUK, REPRESENTED BY MOTHER GUARDIAN, SAJLA, D/O. KASIM. BY ADV. SRI.K.M.ABDUL KADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the petition as MP No.28/08 to set aside the ex parte order dated 9.1.2008 filed by the petitioner before the Family Court, Ernakulam. RESPONDENT'S EXHIBITS: NIL KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- W.P.(C)NO. 15776 OF 2008 ---------------------------------------------------------------- Dated this the 18th day of June, 2008 JUDGMENT Harun-Ul-Rashid, J. The petitioner and respondent are present. The petitioner is the respondent in M.C. No.121 of 2007 on the file of the Family Court, Ernakulam and he is the petitioner in O.P. No.436 of 2007 on the file of the Family Court, Thrissur. The said Original Petition was filed seeking custody of the minor daughter Safvana and the same is pending. It is submitted that M.C. No.121 of 2007 was allowed by the Family Court and the respondent therein was directed to pay an amount of Rs.1,500/- per month towards maintenance of the minor child. 2. We have talked to the parties at length. The parties are agreeable for settlement of the pending disputes between them. The petitioner submits that he has plans to go abroad for the purpose of employment. He further submits that he is without any job for the last one and a half years and, therefore requested this Court to fix the monthly maintenance at Rs.1,000/-. He also submitted that once he gets a job in the Gulf W.P.(C)NO.15776/2008 2 countries, he will be able to pay Rs.2,000/- per month towards maintenance. Since the parties have no serious objections regarding the two issues, the terms of settlement are finalised today itself. 3. Accordingly, the petitioner/father has agreed to pay a sum of Rs.1,000/- per month as maintenance to his daughter for a period of one year commencing from June, 2008 and thereafter at the rate of Rs.2,000/- per month. With regard to the custody of the minor child, it is agreed that the child shall remain with the mother. It is further agreed by the parties that the petitioner/father can have custody of the child for two days a month, that is, on Second Saturday and Sunday. The petitioner shall take the child on Friday evening at 5 p.m. and return the child to the mother at 5p.m. on Sunday evening. The petitioner can also have the custody of his daughter for five days each during Onam and Christmas holidays and for a period of three weeks during summer vacation. In the above circumstances, it is not necessary for the petitioner to prosecute O.P. No.436 of 2007 pending before the Family Court, Thrissur. O.P. No.436 of 2007 is, therefore, struck off from the file of the said court. M.C. No.121 of 2007 has already been allowed by the Family Court, Ernakulam. It is made clear that in case the petitioner/father commits default in payment of the maintenance amount, Smt. Sajla, the mother of W.P.(C)NO.15776/2008 3 the respondent herein is at liberty to execute the order and the petitioner will be liable to pay penal interest at the rate of 18% for the defaulted amount. The petitioner has also agreed to pay an amount of Rs.3,000/- towards arrears of maintenance within a period of two weeks from today. In the event of any difficulty in carrying out the order regarding custody of the child in future, the parties are at liberty to approach this Court for appropriate orders. The Writ Petition is disposed of as above. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ W.P.(C)NO.15776/2008 4 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. W.P.(C)NO. 15776 /2008 JUDGMENT 18th June, 2008