Citation : 2021 Latest Caselaw 6593 Ker
Judgement Date : 24 February, 2021
IN TEE HIGE COI'RT OF KERAI,A AT ERNAIUI,AI{
PRESEIiIT
TEE EONOI'RABLE MR. .'USTICE A.M'EA}IED MTTSTAQUE
&
THE HONOT'RABI,E MR.JI'STICE C.S.DIAS
V|EDNESDAY, THE 24TE DAY OF FEBRUARY 2O2L / sTE PEAr"GttNA, L942
Mat.Aprceal .lilo . 87? OF 2020
AGATNST THE ORDER rN Op(GTil)NO.556/2016 Or
FAt4rLY COttRT, IN,APPI'RAM
APPELI"AIiIT-/S :
TEAYYIL MUEAIIIMED, AGED 75 YEARS ,
s/o.Ar,Avr, TEAYYTL HOUSE, Er.AIlfi(UR P. O.,
IEEKKEPARAT{B AtGtOM DESOM,
I{AI,APPI,RAIT{ DISTRTCT .
BY ADV. SRI.K.RAKESE
RESPONDENT/S:
ABDUL ldtNEER K.K., AGED 37 YEjARS,
s/o. MUEALMEDALT, KAZEAKITNNI'MIdAL EOUSE,
!{ANEAPJMIA, \nNiIERr, EI.AI{I(UR AMSOM ,AlD DESOMT
MAT,APPIRAM DTSTRTCT, PrN - 676L23.
BY ADV. SRI .K.M. SATEYAI{AITEA MEtitOI{
BY ADV. S}M.KAVERY S TEAI{PI
TIIIS I{ATRIMONIAL APPTAI. EAVING BEEN FTNAILY EEJARD ON 24.02.2O2L,
TEE COI'RT ON TEE SAME DAY DEI,IVERED THE FOLLO9TING:
Mat.Appea1 No .877 /2020 2
.'IE€IIENE
Dated lhie the 24th day q€ Eo-_bruary 2_02.L_
A. Muhamed Mustacrue , J.
rhis rnatter re.Jates to custdy of two minors, namely, Mohammed Rjnas and Fathima p-ida. The parties were present yesterday. we interacted with the parties. thereafter, the parties arrived at a settlement. rhe said settlement is recorded in a jo-int statenent fjled by the partjes before thjs Court,
rn the light of the joint statementi we dispose of this appeal. The joint statement will form part of the judgment of thi s court. The 'impugned judgment i s superseded by the judgment of this court based oR the joint statement as above. Al1 pending interlocutory applicationsr if anyr are closed.
sd/_ A.MUEnMED MUSTAQITE
iITIDGE
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BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
Mat Appeal No.877 /2020
ThayyilM "d Vs.
Abdul Muneer K ............. ..Respondent
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JOINT STATEMENT FILED BY APPELLANT AND THE RESPONDENT
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Counsel for the Appellant / Rakqsfi K [R-1 1 1o)K/81 s/2oo7]
,-b' BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
Mat Appeal No,B77 /2020
Appellarrt ....Thayyil Muhammed Vs.
JOINT STATEMENT FILED BY APPELLANT AND THE RESPONDENT
On 23-2-2O2L, as ordered by this Flon'ble Court, children namely Ajnas'and
'Fathima Fida' appeared before this Hon'ble court along with respondent and
the appellant also appeared. Very indulgently Hon'ble Judges interacted with
respective parties and also with children and the dispute is resolved by way
of an amicable settlement,
Both parties agreed for the following terms, which they scrupulously abide by:
a, The custody of the children shall be with the Respondent father.
b. Respondent agrees that children will be dropped at the residence of
the appellant on all Saturday at 4.30 pm and the respondent can take
back the children on the following Sunday by 4.30 pm;
-l-r-rryi t lftOul,o."-J Appellant: W, Respondent:
flHulnune ' zr'/ c. During Christmas and Onam holidays, the appellant would get 5 days
custody of the children, which commences from the date of recess and
the respondent agrees that he will drop the children in the appellant's residence on the first day of their Vacation and take back the children
on the completion of the fifth day,
d. During mid-summer holidays, appellant and respondent will be entitled to get custody on alternate weeks and the appellant will get the custody in the first week of vacation and the arrangement shall be
made alternatively,
Both sides agree that they strive for the welfare and education of the
children and also restrain them from excessive use of mobile phones for
their well being. However it is agreed that when the children are dropped at the place of the appellant the mobile phone shall be kept with the custody of
the respondent father.
Dated this the 23 day of February, 202!
-llXv"il\'rr-'lr.e-,--J (M r 4Hu/marcev;+ Appellant:
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Respondent:
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Counsel for the Appellant Counsel
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