IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 Mat.Appeal.No. 166 of 2009 ---------------------------- OP.500/2007 of FAMILY COURT,KOZHIKODE .................... PETITIONER: --------------- HIDAYATH, AGED 36 YARS, S/O ABDU RAHIMAN, PILAVOLI P.O., KONGANNUR, ATHOLI (VIA), KOZHIKODE. BY ADV. SRI.P.SANJAY SRI.M.MUHAMMED SHAFI SRI.K.M.JAMALUDHEEN RESPONDENT: --------------- RAISATHBI, AGED 29 YEARS, D/O. ABOOBACKER, RAHNAS, SNEHANAGAR, KONGANNUR P.O., ATHOLI (VIA KOZHIKODE. ADV. SMT.LATHA PRABHAKARAN THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 30/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A. NOS. 612 & 1178 OF 2009.The DISMISSED. 30-10-2009 SD/-R. BASANT, JUDGE SD/-M. C. HARI RANI, JUDGE KS. TRUE COPY P.S. TO JUDGE R.BASANT & M.C. HARI RANI,JJ ============================== Mat appeal No. 166 of 2009 ============================ DATED THIS THE 30TH DAY OF OCTOBER 2009 JUDGMENT Basant,J. Both counsel submit that the disputes have been settled between the parties. A joint statement has been filed, duly signed by both parties and counter signed by their respective counsel. On going through the joint statement, we find that some disputes are still outstanding. 2. We have heard both counsel. The dispute is only about the date of handing over the children to the mother and as to what arrangement should be made during the annual vacation. MAT APPEAL 166/2009 -2- 3. We have heard both sides. We are satisfied that the said surviving dispute can also be settled by an adjudicated order. 4. Conditions (a) to (d) of the joint statement are accepted. It is further directed that 1) the appellant-father shall obtain the transfer certificates of the children from the school where they are presently attending and shall hand over such transfer certificates to the mother, after closure of the school for mid-summer vacation- 2010, to enable the mother to get the children admitted to a new school along with no objection certificates. 2. The children shall be handed over to the respondent- mother by the appellant-father on 02-4-2010 in compliance with the impugned order and the joint statement. 3. During summer vacation, in the first half of the summer vacation the children will be with the mother. Thereafter, the children shall be handed over to the father by the mother to be returned to the mother before the school reopens. MAT APPEAL 166/2009 -3- 5. This appeal is accordingly allowed. The impugned order is upheld subject to clause (a) to (d) of the joint statement which shall be appended to this judgment and the other conditions 1 to 3 stipulated above. 6. This appeal shall be called again on 9-4-2010 to report compliance with all the conditions. It is made clear that thereafter for enforcement of this modified judgment and also for modification of the terms, the parties can approach the Family Court. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks. MAT APPEAL 166/2009 -4-