Allowed

Santhosh Kumar v. Jayalatha Gopalakrishnan

Kerala HC3 Feb 2009WP(C)/25764/2008

Case brief

AI extract

What is this about?

The High Court disposed of a divorce petition by mutual consent, waived the lies over period, settled custody and property terms, and quashed related proceedings. A decree of divorce was passed effective the date of judgment following a settlement between parties.

What did the court decide?

Division of case; waiver of lies over period; decree for divorce by mutual consent; custody and visitation rights fixed; quashing of related case proceedings.

Santhosh Kumar Vs Jayalatha Gopalakrishnan — Child Custody and Guardianship | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE KURIAN JOSEPH &

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THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID

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TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930

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WP(C).No. 25764 of 2008(S)

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-------------------------AGAINST THE ORDER IN OP.1281,1706,1678/2006 IN OPGW.1224/2007 of FAMILY COURT,ERNAKULAM

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PETITIONER:

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SANTHOSH KUMAR, R.V. S/O. RAVINDRAN, SUBHA BHAVAN, VP4/10, MANIKANTESWARAM P.O., VATTIYOORKAVU, THIRUVANANTHAPURAM WORKING AS ASST. ENGINEER, K.W.A.

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BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.SUNIL KUMAR A.G SRI.M.D.SASIKUMARAN SRI.P.J.JOSEPH SRI.GEORGE MATHEW

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RESPONDENT:

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JAYALATHA GOPALAKRISHNAN G., D/O. V.G. GOPALAKRISHNAN, PARAMESWARA VILASAM, KAVIYOOR P.O., THIRUVALLA, NOW RESIDING AT NO.14, SAVANNA TEACHERS HOSTEL,CUSAT, COCHIN UNIVERSITY P.O., ERNAKULAM.

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ADV. SRI.A.A.MOHAMMED NAZIR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).NO.25764/2008

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APPENDIX

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PETITIONER'S EXT:

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EXT.P1 TRUE COPY OF THE REPSENTATION DTD. 8/1/2009.

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True Copy

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P.S. TO JUDGE

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KURIAN JOSEPH & HARUN-UL-RASHID,JJ.

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W.P.(C)NO.25764 OF 2008

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Dated this the 3rd day of February, 2009

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JUDGMENT

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Harun-Ul-Rashid,J.

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Petitioner and respondent are present. On number of occasions we had opportunity to interact with the parties. We had directed the parties to go and meet Dr. A. Prakash Chandran, Psychologist, Dhanya Nursing Home, Palarivattom. He reported that the spouses are not in a position to restore their relationship as husband and wife. After prolonged discussion, he found that there is no chance for the parties living together as husband and wife. Parties finally agreed to settle the disputes between them. The parties decided to severe their relationship and also agreed to settle the disputes.

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The parties have filed a petition under Section 13 B of the Hindu Marriage Act praying for a decree of dissolution of marriage

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WP(C).No.25764/2008

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by mutual consent. We are satisfied that the marriage has become dead wood. We are also satisfied that there is no necessity for keeping the petition, till the expiry of the lie over period. Therefore, the lie over period is waived. Kumari Chethana S.J. @ Droupathi Santhosh is the only daughter born to them. She is now aged 3 years. The respondent-mother agreed that she is ready and willing to maintain her child and also to meet her expenses.

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The parties jointly owned a flat, (Door No.4 of Majestic Apartment) at Kalamassery, Ernakulam. Petitioner agreed to repay the balance amount due to the HDFC towards housing loan. Petitioner is entitled to temporary custody of the child during 2^nd and 4^th Saturdays. The respondent or her nominee shall handover the child to the petitioner on every 2^nd and 4^th Saturdays at 5.30 p.m. The petitioner shall return the child to the respondent on the following Sundays before 5.00 p.m. The same shall be done in the premises of the Family Court, Ernakulam. Petitioner is also entitled to temporary custody of the child for a period of three weeks during the mid-summer holidays. The respondent submitted that in case

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WP(C).No.25764/2008

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she left the State for higher studies, the present arrangement may be modified. In such case the respondent is at liberty to approach this Court for appropriate orders.

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4. In view of the settlement arrived at between the parties, there is no necessity to keep the cases pending before different courts. Accordingly, O.P.Nos.1706/06, 1678/07, 1281/06, 1705/06 and G.O.P.No.1224/07 shall stand struck off from the file of the Family Court, Ernakulam. C.C.No.491/07 on the file of the Judicial First Class Magistrate's Court-II, Aluva and C.C.No.217/08 pending before the Chief Judicial Magistrate's Court, Ernakulam and C.C.No.526/2008 are quashed to secure the ends of justice.

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The learned counsel for the petitioner submitted that two more proceedings are initiated against the petitioner. In view of the settlement arrived at between the the parties, the proceedings initiated against the petitioner by the Gender Justice & Complaints Committee of Cochin University on the basis of the complaint filed

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WP(C).No.25764/2008

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by the respondent-wife, are also quashed. Petitioner has agreed to pay off the liability due to the HDFC towards housing loan. A decree for divorce by mutual consent is passed with effect from today.

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Writ Petition is disposed of as above.

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KURIAN JOSEPH, JUDGE.

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HARUN-UL-RASHID, Judge.

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kcv.

Santhosh Kumar v. Jayalatha Gopalakrishnan

Case brief

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Santhosh Kumar v. Jayalatha Gopalakrishnan

Case brief

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