High Court on mediation between parties in matrimonial dispute allowed settlement, directed drop of police investigation, fixed RS.10,000 conciliator fees, and struck off pending family court cases.
Preliminary investigation dropped; pending disputes cases struck off; Rs.10,000 conciliator fees fixed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID
MONDAY, THE 19TH NOVEMBER 2007 / 28TH KARTHIKA 1929
WP(C).No. 29920 of 2007(S)
-------------------------OP.753/2007 of FAMILY COURT, KOTTAYAM AT ETTUMANOOR. ....................
PETITIONER: ------------
JASMINE, AGED 32 YEARS, NOW RESIDING AT CHARUVILAKIZHAKETHIL HOUSE, MYLAPORE KARA, UMAYANELLOOR P.O., KOLLAM.
BY ADV. SRI.T.M.CHANDRAN SRI.S.SUJITH SRI.V.A.SASIDHARAN SRI.JOSEPH ALBIN NEDUNTHALLY
RESPONDENTS: -------------
MUJEEBRAHUMAN.P.A., AGED 37 YEARS, S/O.ABDUL LATHEEF, RESIDING AT PARACKALL HOUSE, KANJIRAPPALLY P.O., KANJIRAPPALLY VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT.
BY ADV. SRI.LIJI.J.VADAKEDOM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C.NO.29920/07
A P P E N D I X
PETITIONER'S EXHIBITS :
EXT.P1 : TRUE COPY OF THE O.P.NO.753/07 ON THE FILE OF THE DISTRICT COURT OF FAMILY, KOTTAYAM DIST. AT ETTUMANOOR.
EXT.P2 : TRUE COPY OF THE I.A.NO.2500/07 IN O.P.753/07 OF FAMILY COURT.
EXT.P3 : TRUE COPY OF THE I.A.2502/07 IN O.P.753/07 OF FAMILY COURT.
EXT.P4 : TRUE COPY OF THE ORDER DT. 27.9.2007 IN CRL.M.P.NO.2272/07 ON THE FILE OFCOURT OF SESSIONS , KOTTAYAM.
EXT.P5 : TRUE COPY OF THE I.A.2672/07 IN O.P.NO.753/07.
EXT.P6 TRUE COPY OF I.A.2756/07 FILED BEFORE THE FAMILY COURT TO CONDONE THE ABSENCE.
EXT.P7 TRUE COPY OF THE I.A.2757/07 FILED BEFORE FAMILY COURT.
TGS
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
W.P.(C) No.29920 of 2007
Dated 19th November, 2007. J U D G M E N T
Kurian Joseph, J.
Parties along with their children are present.
Thanks to the sincere efforts taken by the parties, thanks to the cooperation extended by the learned counsel appearing on both sides and thanks to the effective mediation at the hands of Adv.Mrs.K.Girija, it is heartening to note that the entire disputes between the petitioner/wife and respondent/husband have been amicably settled. This court had been following up their reunion and we are happy to note that they have foregone and forgotten the past and they are leading a happy life with their children. In that view of the matter, it is submitted that the petitioner does not want to pursue Crime No.583/07 of Kottiyam police station. We direct the Sub Inspector of Police/Investigating Officer of Kottiyam police station to drop the investigation in the said crime.
WP(C) NO.29920/07
2
WP(C) NO.29920/07
3
proceed with O.P.Nos.752 and 753 of 2007, pending between the parties herein. Those cases shall stand struck off. The Family Court, Kollam also need not proceed with M.C.249/07 and O.P.618/07, pending between the parties herein. Those cases also shall stand struck off.
The writ petition is disposed of as above.
KURIAN JOSEPH, JUDGE.
HARUN-UL-RASHID, JUDGE.
tgs
2 issues framed by the court
Whether dispute between husband and wife having been amicably settled warrants quashing of pending proceedings and dropping of police investigation.
Whether remuneration is payable to the conciliator for successful mediation.
JASMINE
MUJEEBRAHUMAN. P.A.
KURIAN JOSEPH
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
