Kerala High Court
Salman Bin Ameer Ali vs Hasheen Mehmood on 28 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942
OP (FC) .No.22 OF 2021
AGAINST THE ORDER IN I.A.NO.2/2020 IN 0.P.NO.812/2020
DATED 29-12-2020 OF FAMILY COURT, MALAPPURAM
PETITIONER/S:
SALMAN BIN AMEER ALI,
AGED 40 YEARS, S/O.AMEER ALI,
SALMANS MALIAKKAL,
ACHANVEETTIL LANE,
SRM ROAD, ERNAKULAM, PIN-682012.
BY ADVS.
SHRI .V.PREMCHAND
SMT.SURYA MOHAN P.
RESPONDENT/S:
HASHEEN MEHMOOD,
D/O. K.K.MOHAMMED,
NEST HOUSE, KSHB COLONY,
PERINTHALMANNA, MALAPPURAM DISTRICT,
PERMANENTLY RESIDING AT APARTMENT NO.093,
BUILDING NO.D, DLF NEW TOWN HEIGHTS,
KAKKANAD, ERNAKULAM-682030.
BY ADV. SRI.AKBAR.K.A
BY ADV. SRI.DEEPAK RAJ
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 28.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
5
OP (FC) .No.22/2021 2
JUDGMENT
Dated this the 28th day of January 2021
A.Muhamed Mustague, J.
This original petition was filed challenging Ext.P5
order of the Family Court, Malappuram in a petition for
interim custody. In that proceedings, the issue
regarding jurisdiction was raised. The father of the
child was also directed to produce the child before the
Family Court, Malappuram on @[email protected] Challenging
this, the father has approached this Court through this
original petition. On the last occasion, both parties
were present atong with the children. This Court
referred the parties for mediation. In the mediation,
the parties have entered into an agreement in regard to
the interim custody of the children subject to the
final decision in GOP [email protected]/[email protected] on the file of the
Family Court, Ernakulam and 0.P.No.812/[email protected]@ on the file
of the Family Court, Malappuram.
In the light of the interim arrangement made by the
parties in regard to the custody, we deem it
appropriate to dispose of the original petition in the
light of the compromise entered into by the parties
before this Court. Leaving open all contentions in
regard to the jurisdiction or right of the parties
regarding custody, this arrangement will bind the
parties till the disposal of the pending matters before
the Family Court. The memorandum of agreement will form
part of the judgment.
The O.P.(FC) is disposed of accordingly.
Sd/~-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
C.S.DIAS
JUDGE
in
OP (FC) .No.22/2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT Pl
EXHIBIT P2
EXHIBIT P3
EXHIBIT P4
EXHIBIT P5
TRUE COPY OF THE MEMORANDUM OF OP DATED
14/11/2020 PILED BEFORE THE FAMILY COURT,
ERNAKULAM.,
TRUE COPY OF THE OP NO.812/2020 BEFORE THE
FAMILY COURT, MALAPPURAM AND ALONG WITH IA
NO.2/2020.
TRUE COPY OF THE OBJECTION DATED 22/12/2020
FILED BY THE PETITIONER.
TRUE COPY OF THE PETITION DATED 28/06/2020
FILED BY THE RESPONDENT BEFORE THE
THRIKKAKARA POLICE STATION.
TRUE COPY OF THE ORDER DATED 29/12/2020 IN IA
NO.2/2020 IN OP NO,812/2020 BY THE FAMILY
COURT, MALAPPURAM.
RESPONDENT'S EXHIBITS:NIL.
//TRUE COPY//
P.A.TO JUDGE
ERNAKULAM MEDIATION CENTRE
(HIGH COURT HALL) |
| From
The Nodal Officer,
High Court Mediation Centre.
: To
4 The Registrar (Judicial), '
High Court of Kerala,
Emakulam
Sir,
Sub:-Mediation of referred cases- Reg.
Ref:- Referral Order 4 eee pa Ld,
dated ..../.& 1 / 2 2/.....0f the Hon'ble High Court of Kerala.
hk
® The report of the Mediator in the matter along with the enclosures is furnished
. herewith for information and necessary action.
Q en | | Yours faithfully,
ao . Nodal Officer
Ernakulam Mediation Centre
Encl:- 1, Report of the Mediator, Settlement Agreement.
2. Copy of referral order dated 18/1 J rerg.. ..of the High Court of Kerala.
'3. Copy of Petition.
BEFORE THE HONOURABLE HIGH COURT OF
KERALA AT ERNAKULAM
O.P(F.C) No, 22/2021
Salman Bin Ameer Ali : Petitioner
Vs.
Hasheen Mehmood : Respondent
REPORT SUBMITTED BY THE MEDIATOR
ADV. T. KAMALA MENON
Mediated, matter is settled.
Terms and conditions are attached herewith.
Dated this the 21* day of January, 2021
4 WAM
Adv. Kamala Menon
Mediator
Ernakulam Mediation Centre
BEFORE THE HONOURABLE HIGH COURT OF
KERALA AT ERNAKULAM
O.P.(F.C) No. 22/2021
Salman Bin Ameer Ali : Petitioner
Vs.
Hasheen Mehmood : Respondent
MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF
THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 &
25 OF THE KERALA CIVIL PROCEDURE (MEDIATION),
RULES, 2008:
Petitioner and Respondent in the above Original Petition agree to abide
by the conditions set forth herein.
1. Mother/Respondent Hasheen Mehmood should have all right to
take Mohammed Bin Salman (Son) from Salman's residence on all
Saturdays, Sundays and all holidays and be with mother. Mother can
pick the son between 7 a.m and 11 a.m on every Saturdays or any time
between the days allotted to mother. Without delay and any trouble,
son should be allowed to go with mother irrespective of any reasons or
excuses even during the absence of father at the residence as the mother
is coming after travelling long hours. Mother should have the access to
be with the son even if he is hospitalised. Mother should also be
permitted to meet the son in any weekdays if she wishes.
Mohammed Bin Salman will be dropped back between 6 & 8 a.m every
Monday morning if it is a working day.
ShuMAN BIN AmMeRe AL tranhun Me Rood
ae Ape
Kerala State Me... .. genie
High Court of Keraa AA
Kochi - 682 031
2. Similarly, Salman Bin Ameer Ali (Father) Petitioner has complete
right to come and meet Hanan Bint Salman (Daughter) whenever he
wants and she can be with Salman (Father) for weekends and all
holidays.
3. All the educational expenses of the children at Greets Public School,
Kaloor, will be met by the Petitioner (Father) in the above case.
4. During the custody, both parties should not cause any mental and
physical torture to the children.
9. Considering the age of the son, he should be allowed to
communicate with mother from her number, through video call for
a duration not less than 10 minutes twice a day to avoid stress and
trauma to both child and mother irrespective of child wish.
6. The Petitioner and the Respondent will ensure that the cases pending
between the petitioner and the respondent will not in any way affect
the physical and mental health of the children.
7. The arrangements arrived at are subject to the final decision to be
arrived at in GOP No.2240/2020 before the Hon'ble Family Court,
Ernakulam and OP.No.812/2020 before the Hon'ble Family Court,
Malappuram in respect of Guardianship and permanent custody
of children.
SHUMA int Ameer di Houten Mefanood
Op
~3-
8. In the event of any violation of the conditions mentioned above, the
petitioner and the respondent are free to approach the appropriate
forum for redressal of their grievances.
9. Both the parties shall not violate any conditions of this agreements on
the basis of any petitions filed in the existing cases or future cases.
Both the parties shall not blame against each other through the
a children.
Dated this the 21st day of January, 2021.
Appellant Respondent
Salman Bin Ameer Ali Hasheen Mehmood
A .
Counsel for the Agpellan Counsel for the Respondent
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Dd [email protected]_
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Kerala State Mediation and Concitiation Cenire
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