Dismissed

Selina @ Shini v. the Superintendent of Police

Kerala HC21 Jun 2012WP(Crl.)/274/2012

Case brief

AI extract

What is this about?

A writ petition concerning child custody was filed by a wife alleging her minor child was illegally taken by her husband. The High Court referred the parties to mediation, which resulted in a Memorandum of Agreement settling the dispute over residence and custody. Consequently, the writ petition was dismissed as no further orders were necessary.

What did the court decide?

The Writ Petition (Criminal) is closed due to the settlement agreement reached by the parties at the Mediation Centre.

Selina @ Shini Vs the Superintendent of Police — Child Custody and Guardianship | Kerala HC (2012)

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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 K.T.SANKARAN

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THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS

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THURSDAY, THE 21ST DAY OF JUNE 2012/31ST JYAISHTA 1934

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WP(Crl.).No. 274 of 2012 (S)

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PETITIONER:

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SELINA @ SHINI, AGED 38 YEARS D/O.VARATHAPPAN, PULIKKOTTIL HOUSE KANJIRAMUKKU DESOM, KATTUKAMBAL VILLAGE THALAPPALLY TALUK, THRISSUR DISTRICT.

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BY ADV. SRI.O.D.SIVADAS

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RESPONDENTS:

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THE SUPERINTENDENT OF POLICE THRISSUR-695101.

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THE SUB INSPECTOR OF POLICE KUNNAMKULAM-695101.

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D.RAJENDRAN @ ANTHONY S/O.DAVIS, HOUSE NO.23, AMBROS NAGAR KARUMATHAMPETTY, COIMBATURE-641018.

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DIRECTOR GENERAL OF PROSECUTION SRI.T.ASAF ALI.

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THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 21-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.

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W.P.(Crl.) No. 274 of 2012 S

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Dated this the 21^st day of June, 2012

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JUDGMENT

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K.T.Sankaran, J.

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This Writ Petition is filed by Selina @ Shini, wife of the third respondent D.Rajendran @ Anthony. Their marriage took place on 21.10.2001. They have two minor children, namely, Jenifer and Jiyas, aged 9 and 7 years respectively. The allegation made by the petitioner/wife is that on 23.5.2012 the third respondent took away the minor child Jiyas and thereafter he did not return the child. It is alleged that the child is under the illegal custody of the third respondent.

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The third respondent appeared before Court and he produced Jiyas before Court. The petitioner and Jenifer are also present. After interacting with the petitioner and the third respondent as well as the children, we thought that it would be ideal if the parties are referred for mediation. The parties also agreed for mediation.

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W.P.(Crl.) No. 274 of 2012 S

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:: 2 ::

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Accordingly, the matter was referred to the Mediation Centre. A Memorandum of Agreement was signed by the parties before the Mediation Centre and the disputes between them were settled. The terms of the agreement are the following:

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“1. The parties hereby decide to live together as husband and wife. However for the sake of schooling of the children, the 3^rd Respondent agrees that the petitioner can continue along with her children at her residence at Pazhanji, Kunnamkulam.

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The permanent residence of the petitioner and children will be at the residence of the 3^rd respondent at Coimbatore.

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During every vacation/Holidays the 3^rd respondent can take the petitioner and children to reside along with him in their residence at Coimbatore till the vacation is over.

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The 3^rd respondent will bring the children to Pazhanji, Kunnamkulam before the school reopens.

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W.P.(Crl.) No. 274 of 2012 S

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:: 3 ::

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It is agreed between the parties that the 3^rd respondent can continue his job at Coimbatore and come and reside along with the petitioner and children at any time.”

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In view of the settlement, no further orders are necessary in the Writ Petition. The Writ Petition (Criminal) is, accordingly, closed.

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(K.T.SANKARAN) Judge

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(M.L.JOSEPH FRANCIS) Judge

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ahz/

Selina @ Shini v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

Selina @ Shini v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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