Kerala High Court
Fathima B.V vs Union Of India on 9 September, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
WP(Crl).No.922 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
TUESDAY, THE 9TH DAY OF SEPTEMBER 2025 / 18TH BHADRA, 1947
WP(CRL.) NO. 922 OF 2025
PETITIONER:
FATHIMA B.V
AGED 31 YEARS
W/O RABEES K.P., RESIDING AT THAYYULLATHIL HOUSE,
PANOOR VILLAGE, PANOOR (PO), THALASSERY (TALUK),
KANNUR (DISTRICT),, PIN - 670692
BY ADVS.
SHRI.JOMY GEORGE
SHRI.R.PADMARAJ
SHRI.SAJEEVAN V.T.
SRI.DEEPAK MOHAN
SHRI.ANAND SASIDHARAN
SRI.R.AJITH KUMAR [V.K.EDOM]
SHRI.ARJUN S. PRAKASH
SMT.SREEDEVI V.S.
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE HOME SECRETARY, THE MINISTRY OF
HOME AFFAIRS, NORTH BLOCK, NEW DELHI, PIN - 110011
2 MINISTRY OF EXTERNAL AFFAIRS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
NORTH BLOCK, SECRETARIAT BUILDING, NEW DELHI, PIN -
110011
3 JOINT SECRETARY (PSP) AND CHIEF PASSPORT OFFICER
(CPO),
WP(Crl).No.922 of 2025
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PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS, ROOM
NO. 27, PATIALA HOUSE, TILAK MARG, NEW DELHI, PIN -
110001
4 STATE OF KERALA
REPRESENTED BY SECRETARY TO THE GOVERNMENT, HOME
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,, PIN -
695001
5 STATE POLICE CHIEF
POLICE HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM,, PIN - 695010
6 DISTRICT POLICE CHIEF
KANNUR CITY, SPCA ROAD, TALAP, KANNUR, KERALA,, PIN
- 670002
7 STATION HOUSE OFFICER
PANOOR POLICE STATION, PANOOR - PUTHOOR ROAD,
PANOOR P.O., KANNUR DISTRICT, KERALA,, PIN - 670692
8 RABEES K.P
S/O ABDULLA, OMAN UNIKAI & COMPANY LLC, P.O. BOX:
670, PC-117 WADI KABIR, MUSCAT, SULTANATE OF OMAN.,
PIN - 25314
9 ABDULLA. RAYEES MANZIL
CHAALIL, WAY TO IQRAH WOMEN'S COLLEGE, PUTHOOR
ROAD. PANOOR (PO) THALASSERY, KANNUR, KERALA., PIN
- 670692
0 RABIYA
W/O ABDULLA, RAYEES MANZIL, CHAALIL, WAY TO IQRAH
WOMEN'S COLLEGE, PUTHUR ROAD (PO) PANOOR,
THALASSERY, KANNUR, KERALA., PIN - 670692
11 MS. ASMA K.P.,
D/O ABDULLA, THANEEM (H) MAKOOL PEEDIKA,
AKKANISSERY ROAD (PO) PANOOR, KANNUR, PIN - 670692
12 RAYEES K.P.,
S/O ABDULLA, RAZIGAR (H), KOOTERI ROAD, PUTHUR
ROAD, (PO) PANOOR, THALASSERY, KANNUR,, PIN -
670692
13 DR. RASHID K.P.
S/O ABDULLA, SHAAZ (H), ARIYAKOOL, PANNYANNOOR,
(PO) CHEMPAD, THALASSERY, KANNUR DISTRIC, PIN -
WP(Crl).No.922 of 2025
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670694
BY ADVS.
O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA
SRI.K.A.MOHAMED HARIS
SRI.P.T.ABHILASH
SMT.ANEESA NAZAR
SRI.K.ASHOK SARAN
SRI.K.M.SALIM
SRI.N.B.SUNIL NATH - GP
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD
ON 09.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(Crl).No.922 of 2025
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DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ.
-------------------------------------------
W.P(Crl.) No.922 of 2025
-------------------------------------------
Dated this the 9th September, 2025
JUDGMENT
M.B.Snehalatha, J
The above captioned writ petition was filed by the mother
of the children alleging that they have been illegally detained by
the 8th respondent, who is none other than the father of the
children.
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 children.
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 children has been settled in the
mediation held under the aegis of Mediation Centre, Ernakulam
and a memorandum of mediation settlement agreement has been
filed before this Court.
4. We have examined the memorandum of mediation
settlement agreement and we notice that it has been signed by the
petitioner and the 8th respondent (parents of the children) and
subscribed by their counsel. The terms of the agreement qua the
2025:KER:66929
custody are lawful and therefore the 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 mediation settlement agreement and the custody
of the children can be ordered as per the terms of the
memorandum of mediation settlement agreement.
In view of the memorandum of mediation settlement
agreement filed by the parties before this Court, W.P(Crl.)
No.922/2025 is disposed of and the custody of the children named
Isha Mehak and Ina Mehak shall be governed as per the terms of
the memorandum of mediation settlement agreement arrived at by
parties which do form part of this judgment.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B.SNEHALATHA
JUDGE
ab
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APPENDIX OF WP(CRL.) 922/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LEGAL NOTICE DATED
28.05.2025
BEFOFtE Tt+E itcthEotFFtABLE I+let+ CotiFET ®F' KERALA AT EfINAKtRApe
W.P, [CRL.I No. 922 0F 2025
Fathima B.V. Petitioner
VS
Union of India and others Respondents
MEMofIANDUM 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:
The parties haFve agreed to settle` the case under the foIJfowing terms aJndr conditions:
Mother of the children Smt. Fathima B,V. is the Petitioner in the WP (CRL) No. 922 of
2025 and the 8th respondent in the WP (Crl) Mr. Rabees is the father of the 2 Minor
girl children named as lsha Mehak now aged 9 years and lna mehak now
aged 4 years. (hereinafter refemed as father, mother and the children). The marriage
between the petitioner and the 8th respondent was solemnized on 27th April 2014.
For the last few months, the marital relationship between the petitioner and the 8th
respondent is stranged and they are living separated from May 2024, though
marriage between them is not dissolved till date. None of the parties had
approached the family court for dissolution of the marriage or for the custody of the
chiid-Fen.
It is on an understanding between the petitioner and the 8th respondent husband;
the elder child was studying here in India along with the mother. During vacations
and holidays the children were handed over to the family members at the family
house of the 8th respondent husband. Later a dispute is aroused between the
tparties 'rega.rdJrng 'the c'us'tody 'Of `the 'children a'nd 'the 'petitioner `herei'n `has filed the
above WP (Crl) No.: 922 of 2025.
Petitioner 8th Responderlt
FatRE EEaEH|H`
As directed by this Hon'ble Court, there were mediation talk between the parties
on different days and finally the parties (petitioner and 8th respondent husband)
have agreed to settle the case under the following terms and conditions:
'Bo.th the pa'rties agree that the custody 'of the chftdren (in the days mentioned in
the below clauses) is with the mother of the children ie; Smt, Fathima B.V. The
custody of the children will be with the father of the children in the days
mentioned in the clauses mentioned hereunder.
It is further agreed by the petitioner and the 8th respondent (father of the minor
children) th.at the father shall hav\e. the. custody' of the minor children du`ring the
annual school vacations. That means, from the next day of the school closing
date and the custody will be valid till the previous day of reopening day of the
school after the vacation.
3. Both the parties have agreed that the mother of the children shall handover
•custody of the children `to the father as agreed in cla`use No.2 albove. In the
absence of the father of the children the children shall be handed over to any of
the family member of the father.
The mother of the children shall ensure that, in her absence, her mother is at her
home to take care of the 2 girl children when the children are along with mother.
5. The father agrees that he will hand.over the children,' back to the mother a't her
residence as agreed. If the father js not in a position to do the same, minor
children shall be given back by any member of the family of the father.
Both parties agree that the 8th respondent father of the minor children is entitled
to take the minor children to abroad ie; the place of employment of the father
`of the minor children during the a`nnuatschool vacatio`n period including
Muscat, Oman where the father is currently working.
It is further agreed by both the parties that, in case the father may not be in a
position to take the minor children to his place of employment, the minor
children shall be in the custody of the family members of the father in his family
house at Panoor, which i.s within walk`able distam€e from the residence of the
petitioner, mother.
Petitioner 8th Respondent
Fathimaas Rabees K.P
HE I.2 `
8. Both parties further agree that in the event of 8th respondent father taking the
minor children abroad as stated above in the forgoing clause, the minor children
shall be taken care by the father with the support of any of his women family
members.
9. Th'e -father sha]] ensu`re that any of `the 'women fami'l.y member is 'with him to take
care of the child, while he is going to official duties. This clause is added to
make sure that the minor children were not kept alone at the residence of the
father, while he is on duty.
10. It is also agreed by both the parties that the custody of the children will be
hand-ed over to the father (8h respondent} fo.r a total period of 3`0. d.ays in. a yea.r,
when the 8th respondent arrives at his native place on leave from his work
place. Both parties are free to decide the time duration of total period of 30 days
in a year depending upon the arrival of 8th respondent father at his native
place'
11. tn tcars`e `of it`he fathe\r shift `his `plac.e `of'emptoy'ment `to `India Lhe `is al'towed.to get
the custody of the minor children as agreed in the above clauses.
12. Both parties agreethaton every 2 weeks atabout 5.30 PM on Fridaythe mother
of the minor children shall handover custody of the minor children to any family
member of the father. Similarly, the family members of the father shall return
the custody Of the chi`ld-ren to the mother b.y' 5..30 P.M. oin+ Su'nJd.ay: That me.ans,
the children will be at the family house of the father for 2 days in every 2 weeks,
ie; from 5.30 P,M. on Friday till 5,30 P.M. on Sunday.
13. The mother of the minor children agrees that either she or any other family
member of her family will take back the custody of the minor children from the
family `.ho`use of fathe.r of the ch`ild.re`n.
14. There can be some changes in the above said arrangement, to facilitate the
children to attend any of the family function or gathering at the family house of
the mother and father. In such cases it shall be informed in advance, by both the
parties.
F"itiener 8th Ftesponderdr
Fathife
`.±<rSyunE2
:-:- =
15. Both parties agree that the minor children shall be admitted to the Kuthubiyya
English Medium school at Puthoor in the 2nd week of September 2025 in 3rd
standard and LKG respectively. The 8h respondent agrees that he will bear all
expenses in connection with admission, payment of school tuition fee, vehicle
fee and miscellaneous `.ed'ucational ``ex.pe`nses. The peititio'ne`r agrees t'hat she will
inform all the educational details of the minor children to the father.
16. The mother of the children is presently employed in a school at Calicut and it
was informed by the father that he is paying some amounts for the welfare of
the children, in addition to the educational expenses of the children. He assures
that he wi.F[ conti.Hue thie same iin future in addJitiJon. to the` ed,uca,tionial expenses
of the children.
17. Both the parties agree that during the custody of the children with either of
them, school and Madrasa education shall not be affected or interrupted. It is
not mandatory that, while the childrien at taken abroad by father, they need not
a`ttend `M adrassa .
18. Both parties agree that in absence of the mother, children should be taken care
by petitioner.s mother at her house or husband's mother at father's residence at
the care of the husband's mother.
19. The passport of the children is with the father. If the mother of the chjldrien needs
the passport of the children, the father agrees that he will give the passport to
the mother for facilitating the journey. After the said purpose, t:he passports shall
be given back to the father, by the mother of the children.
$ 20. Any importantdecision regarding the children like theirschooling, health orany
jm.portant matter relating to their future shall be taken with the .prior consent of
the father. If any difference of opinion arises between the parties, both parties
shall try to solve the same amicably with the help of the family members of the
father and mother. In such cases, the prime importance shall be given for the
welfare and future of the children.
21. Both parties agrees that all decisions relating to the welfare and goodwill Of the
both children shall be decided mutually by mother and the father.
Petitioner 8th Respondent
i,i RE
-5.
22. Similarly, if the father of the children wishes to get the custody of the
girl children after attaining their puberty, he shall have the freedom to approach
the appropriate legal forum for the same.
23. Jf any perry to thjs agreement fajJs to `perform his or her `part of obJjgatjon, the
other party is entitled to get the same enforced by taking appropriate legal
proceedings in the appropriate Court.
24. It is agreed by both parties that when the children are kept in the custody of the
mother the father shall be permitted to communicate with the children in any
mode of communication and Vice versa.
Dated this the 27th day of August, 2025.
\\%if\\Sq
Counsel for the Petitioner Counsel for the respondent
