Disposed

Hasheen Mehmood v. Salman Bin Ameer Ali

Kerala HC9 Feb 2023OP (FC)/7/2023

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of original petitions filed under Article 227 invoking supervisory jurisdiction. The Court observed that parties mediated and settled custody issues, approving the MoA dated 23.01.2023 as the basis for disposal pending final orders in the Family Court.

What did the court decide?

Petitions disposed of in terms of the terms and conditions of the Memorandum of Agreement dated 23.01.2023.

Hasheen Mehmood Vs Salman Bin Ameer Ali — Child Custody and Guardianship | Kerala HC (2023)

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IN THE HIGH COURT 0F KERALA AT ERNAKULAM

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PRESENT

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THE HONOuRABLE MR. JUSTICE ANIL I(. I\lARENDRAI\l

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THE HONOURABLE MR.JUSTICE P.C. AJITHKUMAR

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THURSDAY, THE 9Th DAY OF FEBRUARY 2®23 / 2®TH MACHA, 1944 0P f FC) NO. 71® OF 2®22 AGAINST THE ORDER DATED 07.12.2®22 IN IA NO.42®9/2®22 IN OP 2240/2®2® OF FAMILY COURT,ERNAKULAM PETITIONER/RESPONDENT/RESPONDENT IN OP

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IIAsllEEN MEHMOOD AGED 34 YEARS D/O. K.K. MOHAMMED, APARTMENT NO.®93, BUILDING NO.D, DLF NEW TOWN HEIGHTS, I(Al(I(Al!AD, CSEZ P. 0„ ERNAl{ULAM (NOw REslDlne AT LOvE NEST, E 5®(5), MYTHRI NACAR, VALIYAVILA, THIRuVANANTHAPURAM DISTRICT, PIN - 695 006.

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BY ADVS. SAMSUDIN PANOLAl\l MILAN RACHEL MATHEW LIRA A.B'

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RESpol\lDENT/PETITIONER/PETITIOwER IN 0P :

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SALMAN BIN AMEER ALI AGED 4® YEARS S/O. AMEER ALI, SALMANS MALIAKKAL ACIIAl\lvEETTIL LAl]E, SEA ROAD, ERI\IAKULAM DISTRICT, PIN -682 ®12.

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BY ADVS. V . PREMCHAND SUIIVA MOHAl\I P. HRISHICHAND T. FAThlMA SllALU S.

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Thls 0P (FAMILY COURT) lJAVINC COuE UP FOR ADMISSIOw ON 09.02.2©23, ALOwG WITH 0P (FC).7/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOwlNC:

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OP (FC) Mos.71® of 2022 & 7 0F 2®23

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IN "E HIGH COURT 0F KEIIALA AT ERI\lAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAI\I

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THE HOI\louRABLE MR.JUSTICE P.C. AJITHKUMAR

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THURSDAY, THE 9TH DAY 0F FEBRUARY 2®23 / 2®TH MACHA, 1944

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0P f FCI NO. 7 0F 2®23

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AGAINST THE ORDER DATED ®7,12.2®22 IN IA NO,3466/2®22 IN OP 471/2®22 0F FAMILY COuRT, ERNAl(ULAM

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PETITIONER/PETITIONER/PETITIONER IN 0P :

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HAsl+EEN MEHMO0D AGED 34 YEARS D/O. It.K. roHAMMED, APARTMENT NO.®93, BUILDING NO.D, DLF NEW TOWN HEIGHTS, I(AKl(Al\IAD, CSEZ P.0. , ERl\IAKULAM (Now RESIDING AT LOVE NEST, E 5®(5), idYifiRi RA6AR, VALiYAviLA, THIFtuvAl\lANTHAPURAM DISTRICT , PIN -695 006,

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BY ADVS. SAMSUDIN PANOLAl\l MILAI\I RACHEL MATHEW LIRA A'BI

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RESpol\IDENT/RESPONDENT/RESPONDENT IN OP : SALMAl\I BIN AMEER ALI AGED 4® YEARS,S/0. AMEER ALI, SALMAI\ls MALIAKl(AL ACHANVEETTIL LAI\lE, SRM ROAD, ERNAI(ULAM DISTRICT, PIN -682 ®12.

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V . PREMCHAND SURYA MOHAN P. FATHIMA SHALU S. HRISHICHAl\lD T.

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION On ®9.®2.2®23, ALONG wlTH Op (Fc).7i®/2®22, ThE cOuRT Ow THE SAME DAY DELIVERED THE FOLLOWING:

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OP (FC) NoS.71® of 2®22 & 7 0F 2®23

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JUDGMENT

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Anil K. Narendrah. I.

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OP /FC` No.710 0f 2022:- The petjtjoner js the respondent-mother in O.P.No.2240 of 2020 on the file of the Family Court, Ernakulam, which is one filed by the respondent herein-father seeking permanent custody of the minor children Hanan Bin Salman and Mohammed Bin Salman. In that Original

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Petition, the respondent-father filed I.A.No,4209 of 2022 in O.P.No.2240 of 2020, an application for interim custody. The petitioner-mother filed O.P No.471 of 2022 before the Family Court seeking permanent custody of the minor children. In the said original petition, she filed I.A.No.3466 of 2022 seeking interim custody. The Family Court by Ext.Pll order dated 07.12.2022, dismissed the I.A.No.3466 of 2022 in O.P.No.471 of 2022 and allowed I.A.No.4209 of 2022 in O.P.No.2240 of 2020, whereby, both parties are directed to obey the terms and conditions of the memorandum of agreement executed in mediation, which forms part of the judgment in O.P(FC) No.22 of 2021 of this Court, with regard to interim custody of the minor, till the disposal of 0.P.No.471 of 2022 and 0.P.No.2240

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op (FC) Nos.7io of 2e22 & 7 0F 2®23

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of 2020 pending before the Family Court. Feeling aggrieved, the petitioner filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.

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1.1. On 23.12.2022, when this original petition came up for admission, this Court issued notice on admission to the respondent by special messenger, retumable by 27.12.2022.

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1.2. On 27.12.2022, when this original petition came up for consideration, this Court admitted the original petition. Adv.V.Premchand, the learned counsel, took notice for the respondent. By the order dated 27.12.2022, this Court granted an interim order, staying the operation of Ext.Pll order, for a period of two weeks.

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1.3. On 05.01.2023, when this original petition came up

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for consideration, this Court directed both parties to be personally present in Court along with the minor child on 23.01.2013 at 10.15 a.in. The interim order granted by this Court on 27,12.2022 was extended for a period of one month.

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O.P fFC` No.7 0f 2023:-The petitioner-mother has fired O.P.No.471 of 2022 before the Family Court, Emakuram

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op (FC) Has.7ie of 2o22 & 7 oF 2®23

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seeking permanent custody of minor children, Hanan Bin Salman and Mohammed Bin Salman. In that original petition, the petitioner-mother filed I.A,No.3466 of 2022 seeking interim custody. The Family Court by Ext.Pll order dated 07.12.2022, dismissed I.A.No.3466 of 2022 in O.P.No.471 of 2022 and allowed I.A.No.4209 of 2022 in O.P.No.2240 of 2020 filed by the respondent-father, whereby, both parties are directed to obey the terms and conditions of the memorandum of agreement executed in mediation, which forms part of the judgment in O.P(FC) No.22 of 2021 of this Court, with regard to the interim custody of the minor son, till the disposal of O.P.No.471 of 2022 and O.P.No.2240 of 2020 pending before the Family Court.

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2.1. On 13.01.2023, when this original petition came up

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for admission, it was ordered to be listed along with OP (FC) No.710 of 2022. The learned counsel for the petitioner was directed to serve a copy of this original petition to Adv.V.Premchand, the learned counsel who represents the respondent in the connected matter.

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On 23.01.2023, when the above original petitions

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OP (FC) Mos.710 of 2®22 & 7 0F 2®23

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came up for consideration, in terms of the order of this Court dated 16.01.2023 in O.P(FC) No.7 of 2023, both parties were personally present in Court, along with the minor children. This Court interacted with them. The learned counsel on both sides submitted that in order to explore the possibility of settlement, the matter may be referred for mediation. In such circumstances, both parties, along with the minor children were directed to appear before the Nodal Officer, Ernakulam Mediation Centre in the premises of this Court, on that day itself.

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Today, when these matters came up for consideration, it is pointed out by the learned counsel on both sides that the parties have settled the disputes regarding custody of minor children in mediation and entered into a memorandum of agreement dated 23.01.2023. Therefore, these original petitions can be disposed of, in terms of the terms and conditions contained in the memorandum of agreement dated 23.01.2023, which arrangement shall continue till the disposal of O.P.Nos.2240 of 2020 and 471 of 2022, pending before the Family Court, Ernakulam.

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OP (FC) Mos.710 of 2®22 & 7 0F 2®23

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The memorandum of agreement dated 23.01.2023

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is placed on record along with the report dated 23.01.2023 of the Mediator, Emakulam Mediation Centre.

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In such circumstances, these original petitions are disposed of in terms of the terms and conditions contained in the memorandum of agreement dated 23.01.2023, which shall form part of this judgment.

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E=EJE

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ANIL K. NARENDIIAN, JUDGE

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Sd/-

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P.G. AJITHI(UMAR , JUDGE

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SPR

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op (FC) Mos.7i® of 2®22 & 7 oF 2e23

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APPENDIX OF OP (Fcl 71®/2®22

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PETITIONER'S EXHIBITS= -

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EXHIBIT P1 TRUE COPY OF THE ORDER 0F THE SECRETARY ERNAKU LAM DISTRICT LEGAL SERVICES AUTHORITY DATED 18-11-2®2®.

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EXHIBIT P2 TRUE COPY OF THE IA 2/2®20 IN 0P 812/2®2® OF THE FILES OF FAMILY COURT RALAPpufow .

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EXHIBIT P3 TRUE COPY OF THE ORDER`DATED 29-12-2®2® IN IA 2/2®2® IN OP 812/2®20 0F: THE FILES OF FAMILY COURT MALAPPURAM.

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EXHIBIT P4 TRUE COPY OF TIIE JUDGMENT AND MEDIATION REPORT DATED 28-®1-2®21 IN OP (FC) 22/2®21 .

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EXHIBIT P5 TRUE COPY OF THE DIGITAL EEC REPORT DATED 15-12-2®210F DR. V.T. RAVI. EXHIBIT P5(a) TFtuE COPY 0F THE MEDICAL CERTIFICATE DATED 01-®2-2022 0F DR. E. MOHANDAS.

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EXHIBIT P5(b) TRUE COPY OF THE MEDICAL CERTIFICATE DATED 25-0512®22 0F DR. ASYA C. IN MOULANA HOSPITAL IN PERINTHALMANNA.

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EXHIBIT P5(C) TRUE COPY 0F THE MEDICAL CERTIFICATE DATED 27-®5-2®22 0F DR. E. MOHANDAS IN SUN MEDICAL AND RESEARCH CENTRE , THRISSuR.

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EXHIBIT P6 TRUE COPY OF THE PETITION IN IA 3466/2®22 IN 0P 471/2®22 0N THE FILES 0F FAMILY COURT ERNAKULAM.

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EXHIBIT P7 TRUE COPY 0F THE IA 42®9/2®22 IN OP 224® OF 2®2® ON THE FILES 0F THE FAMILY COURT, ERNAKULAM.

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EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED ®2-®92®22 IN OP (FC) NO.497/2®22 0F THE HIGH COURT OF I{ERALA.

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EXHIBIT P9 TRUE COPY OF= THE ORDER DATED 23-©9-2®22 IN IA NO, 42®9/2022 IN OP NO. 224®/2®2® OF THE FAMILY COURT ERNAKULAM.

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OP (FC) Mos.710 of 2®22 & 7 0F 2®23

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EXHIBIT Plo	TRUE COPY 01= TH 2®22 IN 0P (F:C) COURT 0F KERALA.	E JUDGMENT DATED 28-1®- 6®3/2®22 0F THE HIGH
EXHIBIT Pll	TRUE COPY 0F THE 12-2®22 I-N IA 34 AND IA 42®9/2®22 FILES 0F FAMILY CO	COMMON ORDER DATED 07- 66/2©22 I-N a-P 47i/2©22 IN 0P 224®/2®L2® ON THE URT ERNAKULAM.
EXHIBIT P12	TRUE COPY 0F THE ELENA, THE PARAMO	PASSPORT OF MRS. VIRLAN UR OF THE RESPONDENT.

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RESPONDENTS EXHIBITS: NIL.

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1®

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OP (FC) Mos.71® of 2022 a 7 0F 2023

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APPENDIX OF 0P (FC) 7/2023

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PETITI0NER'S EXHIBITS: -

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EXHIBIT P1 TRUE COPY OF THE ORDER OF THE SECRETARY DLSA ERNAKULAM DATED 18ialli2®2®.

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EXHIBIT P2 TRUE COPY 0F THE IA 2/2®2® IN 0P 812/202® OF THE FILES OF FAMILY COURT MALAPPUIIAM .

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EXHIBIT P3 TRUE Copy oF THE ORDER DATED 29aL2=2®2o IN IA 2/2®2® IN 0P 812/2®2® OF THE FILES 0F FAMILY COURT MALAPPuRAM.

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EXHIBIT P4 TRUE COPY 0F THE JUDGMENT AND MEDIATION REPORT DATED 28-®1-2®21 IN OP(FC) 22/2®21 .

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EXHIBIT P5 TRUE COPY OF THE DIGITAL EEC REPORT DATED 15-12-2®210F DR. V.T. RAVI.

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EXHIBIT P5(a) TRUE COPY OF THE MEDICAL CERTIFICATE DATED ®1-02-2®22 0F DR. E. MOHANDAS.

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EXHIBIT P5(b) TRUE COPY 0F THE MEDICAL CERTIFICATE DATED 25-05-2®22 0F DR. ASYA C. IN MOULANA HOSPITAL IN PERINTHALMANNA.

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EXHIBIT P5(c)

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TRUE COPY 0F THE MEDICAL CERTIFICATE DATED 27-®5-2®22 0F DR. E. MOHANDAS IN SUN MEDICAL AND RESEARCH CENTRE, THRISSUR.

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EXHIBIT P6

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TRUE COPY OF THE PETITION IN IA 3466/2022 IN 0P 471/2®22 0N THE FILES OF FAMILY COURT ERNAI(ULAM.

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EXHIBIT P7

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EXHIBIT P8

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TRUE COPY OF TIJE IA 4209/2®22 IN OP 224® OF 2®2® ON THE FILES 0F THE FAMILY COURT, ERNAl(ULAM

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TRUE COPY OF THE JUDGMENT DATED ®2-®92®22 IN OP(FC) NO.497/2®22.

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EXHIBIT P9 TRUE COPY 0F THE ORDER DATED 23-09-2®22 IN IA NO. 42®9/2022 IN OP NO. 224®/2®2® OF THE FAMILY COURT ERNAKULAM.

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OP (FC) Has.71® of 2®22 & 7 0F 2®23

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EXHIBIT	Plo TRUE COPY OF THE JUDGMENT DATED 28-1®- 2®22 IN OP (I=C) 6®3/2®22.
EXHIBIT	Pll TRUE COPY OF THE COMMON ORDER DATED ®7- 12-2®22 IN IA 3466/2®22 IN OP 471/2®22 A-N-D iA 42©9/2®22 i-N O~p 224©/2©2® Oi i-riE FAMILY COURT ERNAKULAM.
EXHIBIT	P12 TRUE COPY 0F THE PASSPORT OF MRS. VIRLAN ELENA, THE PARAMOUR OF THE RESPONDENT.

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RESPONDENTS EXHIBITS: NIL.

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ERNAKULAM MEDIATION CENTRE

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The Nodal Officer,
High Court Mediation Centre.

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TO
The Registrar Uudicial)
High Court of Kerala, Ernakulam

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Sir,

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Sub : Mediation of case referred by the Hon'ble High Court of Kerala -
reg.

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11,,1,1111

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I am to forward herewith Report of the Mediator in the matter along with the enclosures for information and necessary action.

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Yours Faithfully,

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Nodal:.ffim#whLi.k.k'F Ernakulam Mediation Centre

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v/ ,v/
Encl:-1, Report of the Mediator, Settlement eement
2. Copy of the referral order dated a of the High Court of Kerala..
3, Copy of the Petition

¶116

¶117

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

OP(FC} No.710/2022

OP(FC) No.7/2023

Hasheen Mehmood Petitioner/Respondent/Respondent in OP

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Vs.

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Salman Bin Ameer Ali : Respondent/Petitioner/Petitioner in op

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REPORT SUBMITTED BY THE MEDIATOR

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ADV. BINDU SREEKUMAR

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Mediated, matter is settled,

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Terms of settlement is attached herewith.

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Dated this the 23rd day of January, 2023.

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EFTZE=

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Adv. Bindu Sreekumar Mediator Ernakulam Mediation Centre

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BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

OP(FC} No.710/2022

OP(FC) No.7/2023

Hasheen Mehmood

Petitioner/Respondent/Respondent in OP

¶138

Vs.

¶139

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Salman Bin Ameer Ali : Respondent/Petitioner/Petitioner in op

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MEMORANDUM OF AGREEMENT UNDER SECTION 89 0F THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 0F THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION),RULES, 2008:

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Both parties have settled their issues related to custody of the minor children on the following terms and conditions.

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Both Petitioner and Respondent have agreed that, the custody of minor son-Mohammed Bin Salman to the Respondent/Father on 2nd Saturday's of every month commencing from 11/2/2023. The Respondent- father shall collect the minor son on 10.02.2023 at about 5 PM from D.L.F Apartment or Trivandrum and shall return the minor son to the Petitioner on 12.02.2023 at about 5 PM at D.L.F Apartment or Trivandrum.

¶144

Both parties have agreed that both minor children shall with the father in the lst half of summer vacation, Onam Holidays and Xmas vacations. Thereafter the mother shall take the custody both children in the 2nd half of the aforesaid vacations. Both parties shall have the right to communicate with the minor

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(2)

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Both parties have agreed that, the -Respondent/Father has agreed that he will collect the TC/CC of the minor son from Greets Public School, Kaloor, Ernakulam and shall pay all the educational as well as school expenses to Viswaprakash Central School, Trivandrum directly in which the minor son is presently studying from next academic year 2023-2024.

¶147

Both parties have agreed that, this is the interim arrangements of both OP Nos.2240/2020 and

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:up#REh:1poe#ebefore the Family Court, Ernakulam which will be binding on both parties.

¶149

Both parties have agreed that no further claims will be raised against each other regarding the custody of the minor son till the final disposal of OP No.2240/2020 & OP.No.812/2020 pending before the Family Court, Ernakulam.

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Dated this the 23rd dayofjanuary, 2023.

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Petitioner

¶152

¶153

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¶154

KeralaStateMediat'ionandConciliationCentre I-ligli Court of Keraia Kochi -682 031

Hasheen Mehmood v. Salman Bin Ameer Ali

Case brief

What is this about?

What did the court decide?

Hasheen Mehmood v. Salman Bin Ameer Ali

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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