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Kerala High Court
Neelofar Abdul Salam vs State Of Kerala on 16 December, 2025
IN THE HIGH COURT OF KERELA AT ERNAKUILAM
PRESENT
THE HowouRABI.I MR. 4USTlcE DEVAN RAnmcEIANDRZIN
&
THE HONorlRABLE MRs. dusTlcE M.B. SREHAIATHA
TUESI)A¥, THE 16m DAY 0F DECEREER 2025 / 25TH AGRAHAYARA, 1947
WP(CEL.) NO.1560 0F 2025
PETITI-:
NREII0FAR ABDUL SALAM
AGED 39 YEARS
D/o.ABDUL SAI.j", 3355 CIAIRE, ApanRENT 115,
JACKSONVILIIE , FLORIDA-32223 ,
PERMZINENTLY RESII)ING AT PALIYATHAZATH HOUSE ,
PAZHUVIL P.0. , THRISSUR DISTRICT, PIN -680564
BY ADVS .
SRI.ANIL K.M[JHAMED
SHRI.KRIS AKUMAR G.
SHRI.ArlN SALAM
SHRI. BAJEEL ABDUI. RAIIIMAN
RESPONDENTS :
SIAIE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY HchE END
VIGIILENCE GOVT SECRETARIAT , THIRUVENENTHAPURAM,
KERAIA, PIN - 682031
STATE P0IIICE CHIEF KERAIA
POIIICE EIEADQUARTERS , VAZHUTHACAUD ,
THIRUVANANTHAPURAM, KERALA, , PIN - 695010
DISTRICT P0I.ICE CHIEF E AKULAM (RURAL)
POWER I]OUSE JUNCTION AliuvA,
ERNAKULZD4 (DIST.) , PIN -683101
THE STATION HOUSE OFFICER
THADIYITTAPARAREU POI-ICE STATION, SOUTH VAZIIAKUIAM,
CHEMBARENY I AKULAM (DIST.) , PIN -683105
THE STATION HOUSE OFFICER
ELAI4zLKRARA pOLlcE STATION, mMENGAIAM, EIAmKRARA,
E AKuldLM (DIST.), PIN -682026
WP(CRL.) NO.1560 0F 2025 2025 : KER: 97522
6 SAIFEL 00RER
KOTTAYIL HOUSE POTTAKUZHI ROAD ,
ELAImKKARA (p. o) , KALooR, KocHI., plN -682o26
BY ADVS.
SHRI .R.vlNu RAT
SHRI . K , K , SUBEESH
SHRI.Ranul. pREMznl K.
SRI N a SENIL NATH-GP
THIS WRIT PETITION (CRIMINAli) HAVING COME UP FOR HEARING
oN 16.12.2o25, THE couRT oN THE sAim DAY DELlvERED THE
FOLLOWING :
WP(CRL.) NO.1560 0F 2025 2025 : KER: 97522
DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ.
---- I - I - I I - - I I I I - I I I - I I I I I - I I I , I I ----- I - - 11 -
W.P(Crl.) No.1560 of 2025
I I , I - - I - - I I I I I I I 1 I 11 I I I I I - I I I , - - I I , I , - - I - - I. -
Dated this the 16th December, 2025
JUDGMENT
nehalath
The above captioned writ petition was filed by the mother
of the child alleging that he has. been illegally detained by the 6th
respondent, who is none other than the father of the child.
2. During the pendency of this writ petition, the matter was
referred to mediation, as sought by the parties as the dispute
pertains to the custody of the child.
3. When this writ petition came up for hearing today, the
learned counsel appearing for both sides submitted that the dispute
regarding custody of the child has been settled in the mediation
held under the aegis of Mediation Centre, Ernakulam and a
memorandum of agreement has been filed before this Court.
4. We have examined the memorandum of agreement and
we notice that it has been signed by the petitioner and the 6th
respondent and subscribed by their counsel. The terms of the
agreement qua the custody of the child are lawful and therefore the
WP(CRL.) NO.1560 0F 2025 2025 : KER: 97 522
settlement arrived at by the parties is accepted. The learned
counsel appearing for both sides submitted that this writ petition
can be disposed of in terms of the memorandum of agreement and
the custody of the child can be ordered as per the terms of the
memorandum of agreement.
In view of the memorandum of agreement filed by the
parties before this Court, W.P(Crl.) No.1560/2025 is disposed of
and the custody of the child named Yazdan Saifal shall be governed
as per the terms of the memorandum of agreement arrived at by
parties which do form part of this judgment.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B.SNEHALATHA
JUDGE
ab
WP(CRL.) NO.1560 0F 2025 2 02 5 : KER : 97 522
APPENDIX OF WP(CRL.) NO.1560 0F 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY 0F THAT JUDGMENT DID:-09-06-
2025 0F THE CIRCUIT COURT FOURTH JUDICIAL
CIRCUIT, DUVAI- COUNTY, FLORIDA
Exhibit P2 A. PHOTOCOPY 0F THE FLIGHT TICRET OF THE
MOTHER OF PETITIONER AND DETENUE CHILD
Exhibit P3 A TRUE COPY OF TEIZIT EMZLIII DTD:-01-11-2025
Exhibit P4 A TRUE COPY 0F THAT COMPIAINT DATED
6/ 11/2 02 5 FIIiED BY MOTHER 0F THE
PETITIONER
Exhibit P5 A TRtJE COPY OF THE FRAIL DATED 6/11/2025
SENT BY CONSIATE 0F U S CHENNAI, TO
PETITIONER
RESPONDENT EXHIBITS
Exhibit . R6 (b) . A true copy of the relevant pages of 6th
respondent' s passport bearing No.Z8250641
to show that he was in India at the
relevant time period is produced herewith
and is marked as Exhibit.R6(b). 'Dated
nil'
Exhibit . R6 (d) . A true copy of the Order of referral to
the magistrate dated 15. 04. 2025 is
produced herewith and is marked as
Exhibit . R6 (d) .
Exhibit.R6 (e) . A true copy of the whatsapp communication
on the seeking consent letter is produced
herewith and is marked as Exhibit.R6(e).
'Dated nil'
Exhibit . R6 (f ) . A true copy of the consent letter issued
by the 6th respondent dated 28.04.2025
seeking consent letter is produced
herewith and is marked as Exhibit.R6(f) .
Exhibit . R6 (g) . A true copy of the Standing Family I.aw
Order dated 13.03.2018, comlnunicated to
6th respondent on 19/7/2023 is produced
herewith and is marked as Exhibit.R6(g) .
WP(CRL.) NO.1560 0F 2025 2025 : KER : 97522
Exhibit R6 (h) . A true copy of the screenshot of the
website of Loretto Elementary School to
show the last working day of the academic
year is produced herewith and is z[Larked
as Exhibit R6(h) . 'Dated nil'
Exhibit R6 (i) . A true copy of the screenshot of the
website of I-oretto Elementar'y School to
show the lst working day of the academic
Year iB llth of Aug`ist, produced herewith
and is marked as Exhibit R6(i). 'Dated
nil'
Exhibit . R6 (j ) . A true copy of the whatsapp communication
between the petitioner from her number
16402045501 and 6th respondent evidencing
the same is produced herewith and is
marked as Exhibit.R6(j) . 'Dated nil'
Exhibit . R6 (k) . A true copy of the enail sent by the
peti tioner to 6 th re spondent on
26.05.2025 sharing child vaccination
data, and reports to make hin join in the
school is produced herewith and is marked
as Exhibit.R6 (k) .
Exhibit.R6 (I) . A true copy of the screenshot for payment
of school fees dated 14.05.2025 is
produced herewith and is marked as
Exhibit . R6 (I) .
Exhibit . R6 (in) . A true copy of the screenshot for payment
of school bus fees dated 31.05.2025 is
produced herewith and is marked as
Exhibit . R6 (in) .
Exhibit.R6 (n) . A true copy of letter issued by the
principal dated 03.11.2025 evidencing
that the child is enrolled in school from
02.06.2025 and started attending classes
in Charter Public School, Pukattupady is
produced herewi th and marked as
Exhibit . R6 (n) .
Exhibit . R6 (a) . A true copy of the whatsapp communication
evidlencing the same is produced herewith
and is marked as Exhibit.R6(a). 'Dated
nil'
Exhibit . R6 (p) . A true copy of the Marriage certificate
of petitioner and 6th respondent dated
23.07.2011 is produced herewith and is
marked as Exhibit.R6(p) .
WP(CRL.) NO.1560 0F 2025 2 02 5 : KER : 97 522
Exhibit.R6 (c) . A true copy of the notice issued by the
Circuit Court Fourth Judicial Circuit,
Duval County, Florida dated 15.04.2025 is
produced herewith and is narked as
Exhibit . R6 (c) .
Exhibit.R6 (a) . A true copy of the OCI card bearing
no.A4489594 is produced herewith and is
marked as Exhibit.R6(a) . 'Dated nil'
Exhibit R6 (q) TRI]E copy OF THE pzrsspoRT OF THE 6TH
RESPONI)ENT BEARING NO. Z8250641 DATED
05 . 02 . 2025
Exhibit R6 (r) TRUE COPY 0F THE WHATSAPP COD04tJNICATI0N
DATED 28.04.2025 REGARDING THE CONSENT
LETTER
BEFORE THE HONOURABLE HIGH COURT OF RERALA AT
EENlexuLAM
W.P (CRL). No.1560-of 2025
Neelof ar Abdul Salam Petitioner
Vs.
State Of Kerala & Others Respondent
MEMonANDUM OF AGREEI\fflNT UNDER SECTION 89 OF THE CODE OF crvlL
pROcEDURE READ wlTH RULEs 24 & 25 OF THE crvEL pROcEDURE
(ALTERNATIVE DISPUTE RESOLUTION),RULES, 2008:
Both parties have settled their Fssu`es on the fo[Fowfrig terms and conditions.
1.The petitioner and 6th respondent have agreed that the permanent custody
of the minor son Yazdan Saifal to the mother and visitorial right to have
overnight continuous custody to the father during Summer Vacations from 5th
June untjljuly 30 every year. The travel expense of the minor son wj]l be paid
by the 6th respondent father every time. The 6th respondent has agreed to
collect the minor son from Kochin International Airport, Nedumbassery on his
arrival and also make necessary arrangments for the return of the minor son
to jackson Ville, Florida, USA.
2.The petitioner and 6tPr respondent have agreed that the daily
communication between the 6th respondent/father as well as the minor son
will be through Video call on every day between 6.30 am to 7.30 am lsT. (8 in
to 9 pin EST)
3.The Gen respondent tias agreed to return the -o`n.gina] Passport and Ocl card
of the minor son to the petitioner on 16/12/2025 for making travel
arrangement of the minor son.
4.The 6th respondent/father has made necessary arrangement to withdraw
GOP 2420/2025 pend'[ng before the Family Court, Ernakulam.
ulty.`z£T
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5.The 6th respondenifether has agreed to sign the affidavit to be filed for
quashing the FIR bearing Crime No.790/2025 of the Thadiyattaparambu Police
Station, Ernakulam Rural registered against the parents of the petitioner.
6.The petitioner and the 6th respondent have agreed during mediation that
the petitfoneT has handed over the minor son to the 6tt respondent fbT
overnight custody of the minor son from 15/12/2025 6.30 pin to 19/12/2025
10 am.
7.Both parties have agreed that no further claims regarding this issue will be
ra.ised against each other .in USA or .[n tnd.fa.
Dated this the 15th day Of December, 2025.
This settlement agreement nticated by me.
Adv.Bindu Sr mar (Mediator)
k I"bq lqH
