Kerala High Court
Dr.P.R.Geetha vs State Of Kerala on 16 March, 2022
IN rEiE HIGH cOuRI OF ECERAIA AT ERNAKulAM
EqtESERT
THE HONouRABIE rm. -usTlcE A.MUHZD4ED rmJ§q}AQUE
&
THE HONouRABId= i4Rs. ousTlcE soppy TEchns
REREsmr, RE i6H mr oF mBCE 2o22 / 25" pmlcungzL, 1943
0P (FC) NO. 567 0F 2021
AGENSI TE[E ORI)ER/[email protected] ni cop 877/2021 or' m]ql.I cotntr,
EFDtAla]Irm
FTITI0NER/S :
DR.Arm s.RAT, AGED 35 yEARs,
I)/o. rare ADv u.I FABEN, cEIAITHARzm,
ERANJIPAL"4 P.0, CZLLICUT-673 006,
ERBSENTltr WORKING As CEIEF INREmtlsT,
RADAR AL £AiflzL .HOs£IIAL, _AI,. RIOID, _SEEB J2Os=al, ]3Qx
1165, rosTAL CODE 121, rmrsczLT, ChnN.
BY june .
K . P . PRADREP
fniRjEESE H.a.
EASMI -,.
I . I . BIJU
I . TfiAsm
M . T . juroEA
EusE-/S:
p.G. dAyASENRAR, AGED 36 yEZLRs, s/0.p.s eoplRATEN,
punuRATTE I]ousE, s.R.M. RoaD, ERNAKumM NORTH p.o,
ERNziKULm4-682 ol8.
-usTlcE (Rm.) p.s GopIRATHziN, AGED 68 ¥EARs,
ptBELURAplE HousE, s.R.M. RonD, EReskr«Haef lroR=H p.a,
ERNaRI7InM-682 018.
DR.P.R GEETHA, AGED 62 YEARS, W/0.P.S GOPIRATEN,
PULLUKATTE HOusE, §.R.M.Roal>, ERI&aKul,j`M NORTH p.0,
ERNAKUIAM-682 018.
Err aRE'
S . EREEV
K . K . DHEERENI)RAICRISENAN
V.-Y
M . S . REER
-TH K.P.
V.V.SIDHARTHAN (SR. )
THls Op (CRIRENAI.) HAVING c®E up FOR ADiqsslon ON 16.o3.2o22,
ALowG WITH o.P.(crl.).120/2021, IHE Count ow THE sArm DAr
DElilvERED Tf[E F0140WIN6 :
OP(FC) No.567/2021 & OP(Crl.)No.120/2021
2
IN T[IE !IIGE COURT 0F ICERAIA AT ERNAKUIAM
ERESERE
"E HONOuRABI.E in. dusTlcE A.]OuiA)GD M(}sTAQUE
&
THE HONor]RABIE MRs. iusTlcE sOpHy THOMas
-ESDar, TEE 16" mr oF rmRCH 2022 / 25rm pRILLGRrm, 1943
0P(CRI..) NO. 120 0F 2021
AGzilNST THE ORDER/rul>®GNT IN Mc 22/2o21 Or duDlclAI RElsTREE
oF FIRsl clAss -IV, irozHlmoDE
-chugiv§:
DR.p.R.eEETEIA, AGEI> 62 yEZLRs,
w/o. JusTlcE (RETD) I.s.Gopn(AT[[,
'PulilluKATTE' , SRM RCIAI),
EREhKuliAM NORTH P.0. , EBRAKUI.AM.
EFT Jug .
a . RA.}Erv
SRI . K . K . DHEERENDRAKRISHNAN
SRI . v . vlur
SRI.K.Aim±® a-1921)
RESP-/S:
STATE 0F RERAIA, REP. BY PUBLIC PROSECUTOR,
HIGH cOuRT OF KERAIA, ERIaziKulAM-682 o3i.
I)R.Ann s.BAT, AGED 35 3mziRs,
D/0. AI>v. u.I.RAmN (IARE) , ctLAIIHRAM,
ERENJIPAlizIM P.O. , CAI.ICUT-673 006,
PRESENTI,I WORKING AS CHIEF INTEENIST,
BziDAR AI. sAinA E[OsplTAL, AI, REOuD,
SEEB rosThL Box-1165, posmL ccH]E 121,
xpscAT, cnEN.
8¥ aevs .
K . p . pRanEEp
M . J . JINCX)PA
THIS OP (CR"IRAli) EIA!VENG _CchG UP FOR JORESSION CAN
16.o3.2o22, AroNG wlTH 0.p. (Fc) .567/2o2i, THE cOuRT ON THE
sma DAY DEI,IVEREI> THE For.LouNG:
OP(FC) No.567/2021 a OP(Crl.)No.120/2021
3
eunGRENT
lop (FT) No.567/2021 & O.P. (Crl.)No.120/2021]
A.Muhamed Mustaaue. J.
No.567/2021
The parties have resolved their matrimonial dispute
pending this original petition before this Court. They have also
filed a joint petition invoking Section 138 of the Hindu Marriage
Act, 1955, for divorce on mutual consent. The parties are
present before us.
2. The mariage between the parties was solemnised on
29.1.2012 in accordance with the Hindu Rites and Rituals. In
the wedlock a girl child was born on 03.12.2016. The husband
approached the Family Court, Emakulam, in O.P.No.833/2021
for divorce. The said O.P. is pending. In regarid to the custody,
the husband also filed a.O.P.No.832/2021. The wife also filed
G.O.P.No.877/2021.
OP(FC) No.567/2021 & OP(Crl.)No.120/2021
4
3. The parties have also arrived at a settlement
regarding custody. The entire dispute has been resolved as per
the compromise petition filed before this Court as per
I.A.No.3/2022. A joint petition under Section 138 of the Hindu
Marriage Act,1955 has been filed as I.A.No.1/2022. The parties
are educated. They are living separately since 2019. We are of
the view that the joint petition can be allowed as the application
is fuffla J9.de. We, accordingly, dissolve the marriage between
the parties. We direct the Family Court, Ernakulam, to pass a
formal decree based on our interactions with the parties herein
and dispose of 0.P.No.833/2021, dissolving the marriage
between the parties. The Family Court shall not insist on the
presence before the court. We also direct the Family Court to
dispose of G.O.P.Nos.832/2021 and 877/2021 in terms of the
compromise entered into between the parties before this Court.
The compromise entered into between the parties will form part
of this judgment. The custody of the child, hereafter, will be
OP(FC) No.567/2021 & OP(Crl.)No.120/2021
5
governed by the terms of the compromise.
The original petition is disposed of as above.
.No.120/2021
This original petition was filed challenging the proceedings
in M.C.No.22/2021 on the file of the Judicial First Class
Magistrate Court-IV, Kozhikode. The said O.P.(Crl.) was filed
by the mother of the husband. The wife was the complainant in
M.C.No.22/2021. The wife has sworn an affidavit stating that
she has no objection in quashing the proceedings. The wife is
also before this Court in person and submitted that she has no
objection in quashing the proceedings in M.C.No.22/2021.
2. In view of the settlement arrived at between the
parties and the above submission, we quash the entire
proceedings in M.C.No.22/2021. O.P.(Crl.) No.120/2021 would
stand allowed as above.
OP(FC) No.567/2021 a OP(Crl.)No.120/2021
6
The parties shall produce a copy of this judgment before
the Family Court for further action. The parties are always at
liberty for modification in regard to the custody at appropriate
time for the welfare of the child.
The O.P.(Crl.) is allowed as above.
Sd/-
A. roEz`rm xpsmggq=
JunGE
Sd/-
sopur "cus
JtDGE
ln
OP(FC) No.567/20216 0P(Crl.)No.120/2021
7
APPENI)IX OF
PETITIONERI S EmlBITs :
EXHIEH P1 TEB! TROE COPY/ACCUSED COE'Y OF TED=
ccneLAINT PREFERRED 8¥ THE 2ND
REspoNDENT IN Mc No.22/2o2i ZLI.ONG wlm
NOTlcE UNDER FORM 7, Isst)ED FnoM
TODlclAI, MziGlsTRATE OF FIRST crass -rv,
EtozEIRODE, Dhne 25.2.2o21
OP(FC) No.567/20216 0P(Crl.)No.120/2021
APPENDIX OF OP (FC) 567/2021
PETITIORER' S EXHIBITS
EJHIBIT P1 - copy OF TEb= pETITIor IN GOEi NO 877
0F 2021 BEFORE THE FAMIIIY COURT,
EEutAKULEN .
EHIBIT P2 TRIJE COPY OF THE APPI.ICZLTION IN I.A NO
5627 0F 2021 IN G.O.P NO 877 0F 2021
BEroRE TEE Ehid-Ly -cotRI, EBRE`mn[E±4.
ERIIBIT P3 TRITE COPY OF THE APplilcATION IN I.A NO.
5628 0F 2021 IN C.O.P NO.877 0F 2021
BEroRE TErn Frml,I couRT, EENZLKulnM.
EHIBIT E14 TRUE copy OF TEu! APE[I,IcnrlcIN IN I.A HO.
5629 0F 2021 IN a.O.P NO. 877 0F 2021
BEroRE TRE FAifiLy couRT , ERItaKt)Lm4.
BEFORE THE HONOURABI,E HIGH COURT OF KERALA AT ERNAKULAM
IA. No: of 2022
in
0.p. pr.c) NO. 567 Of 2021
pETI'rloNER /PETITIONER IN O.p.ur.c. I:
DR. ATMA S RAJ, AGED 36 YEARS, D/O. LATE ADV U.T.RALJAN,
cHAITrlRAM, ERAr\ulpALAM p.O., cALlcuT-673006,
Presently working as CHIEF INTERNIST, BADAR AL SAMAA
HOSPITAL, AL KHOUD, SPEB POSTAL BOX 1165, POSTAL CODE 121
MUSCAT, OMAN.
Vs
r) RESPONDENT/ lot RESPONDENT IN 0.P.IT.C`
P.G.JAYASANKAR, AGED 37 YEARS, S/O. P.S GOPINATHAN,
PULLUKAITE HOUSE, S.R.M. ROAD, ERNAKULAM NORTH P 0,
ERNAKULAM-682018
COMPROMISE PETITION FILED UNDER 0. XXIII R. 3 READ WITH S. 89 0F
THEEcoDEoFcrvll,pRocEDURE.igo8
1. The marriage between the petitioner herein and the respondent herein
was solemnized on 29.01.2012 at Ernakulam as per Hindu rites and
rituals. A girl child, Veda Jayashankar P. (D.O.B -03.12.2016) is born to
them in the said wedlock and presently she is in the care a.nd custody of
the respondent herein.
E| 2. 'I`he marital relationship of the petitioner and the respondent was not
cordial. Petitioner and respondent are painfully cc>nvinced that their
marriage has been irretrievably broken, beyond redemption. The spouses
have not lived together as husband and wife since LJuly 2019. Various
attempts and efforts, through dignitaries, mediators, common relatives
and friends, to effect a rapprochement and reconciliation between the
spouses have failed. In spite of the best efforts made by the petitioner
and respondent several times, for restitution of the marital relationship,
it has become impossible and the marriage has turned a `dead wood'.
Petitioner and respondent have been continuously living separately for
I.. `, '.I ^
\`
more than two years now and are convinced that the marriage has
irretrievably broken down beyond repair.
3. In such circumstances, the parties herein have agreed to settle their
matrimonial disputes between them on the following terms and
conditions:
a. The parties, being convinced that the marital relations
between them have been irretrievably broken down, has
agreed to seek dissolution of marriage by mutual consent.
Accordingly, the parties have agreed to rile a petition under
S. 138 of the Hindu Marriage Act, 1955, along with this
u
compromise petition before this Honble Court.
b. All the allegations in OP No. 832/2021 and GOP No
833/2021 filed by the respondent and GOP No 877/2021 on
the files of the Family Court, Ernakulam, shall stand
withdrawn, and the parties herein have agreed that the
above OPs shall be decreed in terms of this settlement
agreement.
c. The child, Veda Jayashankar P. (D.O.B. 03.12.2016) born in
the wedlock between the parties is presently under the care
and custody of the respondent herein / father. Parties to the
above agreement, acknowledge and accept that the custody
of the child Veda Jayashankar P. (D.O.B. 03.12.2016), born
u
in the wedlock between the parties shall be with the
petitioner herein/ mother for the time being, subject to the
condition that such custody will be continued, during the
period which, the mother is residing in India.
d. The respondent herein / father shall be entitled to visitation
and custodial rights of the daughter during the entire period
of Onam and Christmas Holidays and during either half of
the Summer Holidays of the child. Additionally in case of
other holidays and weekends, the father shall be entitled to
have custody of the child, without affecting the studies of the
child.
I.,',.,I .-. ¢
--`
e. The petitioner
iis presently residing at her house at
Kozhikode. She is working at Oman on employment contract
and she has resigned the job, however for the purpose of
vacating the official quarters and relinquishing claims at the
place of working, she is planning to visit for three weeks. The
parties herein has agreed that the petitioner can take her
daughter to Oman, for three weeks, and she shall return to
India with child, within the said time, provided she will file
an undertaking before this Honble Court, seeking
permission for the same, before leaving the Country.
f. The respondent herein/ father can interact with the minor
child on virtual or video mode; on all days whenever she is in
Eii
her mother's custody. The parties unconditionally agree that
the welfare of the child is the primacy and shall endeavour to
ensure that the welfare of the child is guaranteed.
9. In view of the fact that passport of the minor child has been
irretrievably lost, the petitioner herein / mother, shall be at
liberty to apply for the passport and the respondent/ father
shall endorse or grant the consent and shall sign in the
appropriate forms for the purpose of applying such passport.
The child shall not be taken out of the country without
express understanding of either of the parties or without the
permission of this Honble Court. Parties herein shall be at
® liberty to move before this Honble Court for issuing
permission, at appropriate time.
h. The parties will be at liberty to seek for permanent custody of
the child and /or a change in the above arrangement in the
event of a reasonable change in circumstance, which
undermines the welfare of the child. Parties acknowledge
that remarriage of either of the parties shall not be treated as
a reasonable change in circumstance.
i. The petitioner herein undertakes to unconditionally
withdraw MC No. 22/2021 pending before the Judicial
Magistrate of First Class-IV,7Kozhikode The Issue is
presently pending before this Honble Court as OP(Crl.) No.
120/2021, and the petitioner undertakes to bring this
agreement to the notice of this Honble Court and shall get
MC No. 22/2021 quashed.
4. The terms set out as above shall form part of the decree and shall be
binding on all parties.
Dated this the 8th day of February, 2022
u
We, I, Dr. Atma S. Raj, aged 36, D/o Late Adv. U.T. Rajan, residing at
`Chaithram', Emahipalam, Calicut - 673 006, the petitioner herein and P.G.
Jayashankar, aged 37, S/o P.S. Gopinathan, residing at `Pullukatte', SRM Road,
Ernakulam North, Kochi -682 018, the respondent herein do hereby solemnly
verify, affirm, state and declare that all the facts stated above are true and
correct to the best of our knowledge, information and belief.
Dated this the 8th day of February, 2022
u
DrAouse%¥]
illEEii
Dr. K.P. Pradeep, K/1240/1999
Counsel for the petitioner
