IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 OP (FC).No. 2244 of 2011(R) ------------------------------------ AGAINST THE ORDER DATED 10/05/2011 IN IA.2834/2010 IN OP.(G&W) NO.1626/2010 of FAMILY COURT,TRIVANDRUM .............................................................................................................. PETITIONER : ---------------------- SHAMEELA M.N., D/O.K.MOHAMMED MOIDEEN, AGED 28 YEARS, RESIDING AT T.C.14/1474, PARIS ROAD, BAKERY JUNCTION, THIRUVANANTHAPURAM. BY ADVS. SMT.K.KUSUMAM SMT.N.SHAMNA RESPONDENT : ----------------------- SHAHUL HAMEED N., S/O.MUHAMMED NUHU, AGED 34 YEARS, NEW MANSION, NEAR VALIAPALLI, MANACAUD, THIRUVANANTHAPURAM. ADVS. SRI. N.SUBRAMANIAM FOR R1 SRI. M.S.NARAYANAN FOR R1 SRI. P.T.GIRIJAN FOR R1 THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DSV/- OP (FC).No. 2244 of 2011(R) APPENDIX PETITIONER'S EXHIBITS: EXT P1 : COPY OF OP.NO.1626/2010 OF THE FAMILY COURT, THIRUVANANTHAPURAM. EXT P2 : COPY OF I.A.NO.2834/2010, IN EXHIBIT P1 CASE. EXT P3 : COPY OF COMPLAINT FILED BY THE PETITIONER'S FATHER BEFORE THE JAMA-AT. EXT P4 : COPY OF OP.NO.504/2008 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM EXT P5 : COPY OF COMPROMISE DECREE IN THE ABOVE OP.NO.504/2008 (EXHIBIT P4). EXT P6 : COPY OF PETITION DATED 04/12/2010, FILED BEFORE THE VANCHIYOOR POLICE STATION. EXT P7 : COPY OF PETITION FILED BEFORE THE MUSEUM POLICE STATION, BY THE PETITIONER'S FATHER DATED 06/06/2010. EXT P8 : COPY OF RECEIPT ISSUED FROM THE VANCHIYOOR POLICE STATION. EXT P9 : COPY OF COUNTER FILED BY THE RESPONDENT TO I.A.NO.2834/2010, IN THE SAID CASE. EXT P10 : COPY OF IMPUGNED ORDER DATED 10/05/2011, PASSED BY THE FAMILY COURT, THIRUVANANTHAPURAM, IN I.A.NO.2834/2010. EXT P11 : COPY OF THE RELEVANT PAGES OF THE REGISTER KEPT BY FAMILY COURT, STATING THE DETAILS ABOUT THE PRODUCTION OF CHILD. RESPONDENT'S EXHIBITS: EXT R1 (A) : COPY OF THE INFORMATION ISSUED BY THE FAMILY COURT, TRIVANDRUM. /TRUE COPY/ P.A. TO JUDGE DSV/- THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ---------------------------------------- O.P.(FC)No.2244 of 2011 ---------------------------------------- Dated this the 14th day of November, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. Heard learned counsel for the petitioner and respondent. The short issue is as to the modality in which the petitioner and respondent would give effect to a clause in the compromise decree regarding the management of the child in connection with the visitation rights of the father. In paragraph 12 of the impugned Ext.P10 order, the learned Judge of the Family Court has very cautiously balanced the rights of the parties. However, we think that the child could be sent to the Family Court from the maternal home along with any of the near relatives of its mother, to be produced before the Sheristadar, in terms of the compromise. The child would be taken back at the appointed time in terms of the compromise. The person bringing the child from the maternal home need not wait in the court. This is to avoid the allegation of the petitioner that the respondent is illtreating her or any of her relative who brings the child to court. The father of the child will also return the child to the Sheristadar to enable the person from the maternal home of the child to take it home. Obviously, the parties will OP(FC).No.2244/2011 2 maintain tranquil atmosphere since the victim of the litigation is the child and the brunt of the controversies between the parties cannot be saddled, physically or emotionally, on the child. The Sheristadar, Family Court, Thiruvananthapuram will take care to ensure that this order works out appropriately. If he finds any room for complaint, that will be brought to the notice of the learned Judge of the Family Court for further clarificatory direction. Ordered accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- C.T.RAVIKUMAR Judge TKS/14.11.11