Allowed

Mini Ashok Madhav v. Ashok Madhav

Kerala HC8 Dec 2010OP (FC)/218/2010

Case brief

AI extract

What is this about?

The High Court of Kerala accepted a joint compromise filed by spouses settled their disputes over minor child custody and various pending proceedings. The Court allowed the compromise petition and directed the lower courts to dismiss the pending suits and complaints filed by both parties.

What did the court decide?

The compromise petition is allowed; the main order is allowed and set aside; pending civil and criminal cases against both parties are directed to be dismissed.

Mini Ashok Madhav Vs Ashok Madhav — Child Custody and Guardianship | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932

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OP (FC).No. 218 of 2010(R) -------------------------AGAINST THE ORDER DATED / / IN IA.1427/2010 IN OP.1136/2009 of FAMILY COURT,TRIVANDRUM

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PETITIONER/APPELLANT

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---------------------------------------MINI ASHOK MADHAV, W/O.ASHOK MADHAV, AGED 25 YEARS, T.C.39/1771,NO.3,SRI NIVAS, YAMUNA NAGAR, 1 ST STREET, MANACAUD P.O. THIRUVANANTHAPURAM -695009

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BY ADV. SRI.R.MANOJ SMT.INDIRA RAVEENDRAN

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RESPONDENT(S): ---------------

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ASHOK MADHAV,34YEARS,S/O.KUMARESA PILLAI PERMANENT ADD:T.C.21/156/1,MADHAVAM,JNRA-D-34, JUDGE ROAD,KARAMANA,PRESENTLY EMPLOYED IN GULF SPIC GENERAL TRADING & CONTRACTING CO.,P.B.NO.4655 FAHAHEEL,KUWAIT,REP.BY HIS P/A.HOLDER KUMARESA PILLAI,ADDESS DO. DO.,THIRUVANANTHAPURAM-695002.

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ADV. SRI.G.S.REGHUNATH FOR R

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THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 08/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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R. BASANT & K. SURENDRA MOHAN, JJ.

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O.P.(FC) NO.218 OF 2010

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Dated this the 8^th day of December, 2010

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JUDGMENT

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Basant,J.

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This O.P.(FC) is directed against an order relating to custody of the minor child of the spouses who are the parties to this O.P.(FC).

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We do not think it necessary to narrate the history of acrimony between the parties. The spouses have now settled all their outstanding disputes. They have resumed cohabitation along with their child. They have decided to put an end to all their disputes and proceedings pending before courts.

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I.A.No.17124/10 has been filed by them jointly before

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O.P.(FC) NO.218 OF 2010 -: 2 :-

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us. The same is supported by a joint affidavit filed by them. It is accompanied by the terms of the compromise dated 8/12/10 duly singed by the spouses and countersigned by their respective counsel.

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The spouses are present before us along with their child. The parents of the wife are also present.

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We are satisfied that the compromise can be accepted and the proceedings in this O.P.(FC) can be closed.

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In the result:

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(a) It is recorded that the disputes between the parties have been settled.

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(b) I.A.No.17124/10 is allowed.

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(d) The compromise petition dated 8/12/10 filed in I.A.No.17124/10 shall be appended to this judgment.

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(e) The Family Court shall in the light of this compromise judgment proceed to dismiss M.C.No.3/10 and O.P.(HMA) No.695/10 filed by the wife as settled and not prosecuted.

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(f) O.P.No.1136/09 filed by the husband pending before the Family Court, Trivandrum, shall also be dismissed by the Family Court as not prosecuted in view of the settlement.

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O.P.(FC) NO.218 OF 2010 -: 3 :-

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(g) M.C.No.43/10 pending before the Judicial Magistrate of the First Class-I, Trivandrum, shall also be dismissed by the learned JFCM-I, Trivandrum, in the light of this compromise judgment.

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Hand over a copy of this judgment to the learned counsel for the petitioner for production of copies before the courts concerned.

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Sd/-

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R. BASANT (Judge) Sd/-

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K. SURENDRA MOHAN (Judge)

Nan/

//true copy//

P.S. to Judge

O.P.(FC) NO.218 OF 2010 -: 4 :-

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R. BASANT & K. SURENDRA MOHAN, JJ.

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O.P.(FC) No.218 of 2010

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Dated this the 29^th day of November, 2010

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ORDER

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Basant,J.

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The spouses are present. The child is present. Parents of the wife are present. Counsel for both sides are also present. The spouses have come today with the child after spending the weekend together from 26/11/10 to this date. We are very happy to note that the spouses report that the disputes between them have been settled. They today agree to go together to the house of the respondent/husband and live there in perfect harmony.

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We direct them to appear before this Court again on 8/12/10. Appropriate further directions shall be issued on that date. If parties settle their disputes by then, a joint statement shall be filed incorporating all the terms of settlement. 3. Call on 8/12/10 at 1.45 p.m. in the Chamber.

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O.P.(FC) NO.218 OF 2010 -: 5 :-

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R. BASANT (Judge)

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K. SURENDRA MOHAN

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(Judge)

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Nan/

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O.P.(FC) NO.218 OF 2010 -: 6 :-

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R. BASANT & M.L. JOSEPH FRANCIS, JJ.

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O.P.(FC) No.218 of 2010-R

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Dated this the 18^th day of October, 2010

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ORDER

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Basant,J.

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This order must now be read in continuation of the earlier orders passed by us resting with the order dated 11/10/10. We are informed that the arrangement has worked fairly satisfactorily, though both sides have still grievances about the conduct of other to be urged. We are satisfied that the identical arrangement can continue till the next date of posting. We are informed that the respondent shall come to India on 4/11/10.

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Call this petition again on 8/11/10. The spouses shall appear in Court on that date. They shall bring the child also on that date. Till 8/11/10, on all days the arrangement stipulated by us by order dated 11/10/10 shall continue to be followed.

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R. BASANT (Judge)

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O.P.(FC) NO.218 OF 2010 -: 7 :-

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M.L. JOSEPH FRANCIS (Judge)

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Nan/

Mini Ashok Madhav v. Ashok Madhav

Case brief

What is this about?

What did the court decide?

Mini Ashok Madhav v. Ashok Madhav

Case brief

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What did the court decide?

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