IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 WP(C).No. 26928 of 2009(I) -------------------------- PETITIONER(S): --------------- TISONA.T.L., TIGRIS VILLA, CHARUMMOOD, PALAMMOOD, NOORNAD VILLAGE, MAVELIKKARA, ALAPPUZHA. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- 1. S.I. OF POLICE, NOORANADU. 2. SUPERINTENDENT OF POLICE, ALAPPUZHA. 3. C.I. OF POLICE, (VANITHA CELL), ALAPPUZHA. 4. SREEJIMON, S/O.PURUSHAN, KALLITATHIL HOUSE (SREENI BHAVAN), CHALEMEL VILLAGE, MAVELIKKARA, ALAPPUZHA. ADV. SRI.V.ANIL (K/1480/98) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.26928/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE THIRD RESPONDENT. EXT.P2. COPY OF THE FIR IN CRIME NO.305/09 OF NOORANADU POLICE STATION. EXT.P3. COPY OF THE PETITION DATED 5-6-09 SUBMITTED BY PETITIONER TO SECOND RESPONDENT. EXT.P4. COPY OF THE PETITION DATED 9-9-09 SUBMITTED BY PETITIONER TO SECOND RESPONDENT. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & P.Q.BARKATH ALI, JJ. ----------------------------------------- W.P(C)No.26928 of 2009 ----------------------------------------- Dated this the 8th day of October, 2009 JUDGMENT Kurian Joseph,J. Petitioner approached this court seeking police protection. The 4th respondent is none other than her husband. They have one child. It appears the relationship is strained. We are informed that the petitioner has already moved the Family Court for divorce. The 4th respondent, who is present before this court, submits he will not cause any disturbance to the peaceful life of the petitioner and the members of her family. The submission is recorded. In the unlikely event of any disturbance being caused by the 4th respondent, there will be a direction to respondents 1 to 3 to render necessary protection to the petitioner and other members of her family. 2. Before parting with this case we may remind the parties that for the sake of their child, who is attached to both father and mother, they should seriously deliberate as to whether they should continue their relationship in such a strained manner. We hope that better wisdom would dawn on them. Since the matter is now pending before the Family Court, we refrain from making any further observations in the matter. We are happy to note that the W.P(C)No.26928 of 2009 -:2:- petitioner and the 4th respondent have come to an understanding regarding custody of the child. The petitioner has graciously submitted that she has no objection in the child going with the father during the week ends. Therefore, the 4th respondent may collect the child from the school on the last working day of the week and the child shall be sent to the school in the morning of the next working day. The Onam, Christmas and summer vacations will be shared equally by the father and mother. The sharing shall be as follows. During the ensuing Christmas vacation for the first half the child shall be with the father and for the second half the child will be with the mother. In the summer vacation, during the first half the child will be with the mother and for the second half the child will be with the father. During Onam vacation, for the first half the child will be with the father and for the second half the child will be with the mother. The rotation shall accordingly continue for future years. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) (P.Q.BARKATH ALI, JUDGE) ahg. KURIAN JOSEPH & P.Q.BARKATH ALI, JJ. --------------------------- W.P(C)No.26928 of 2009 ---------------------------- JUDGMENT 8th October, 2009