P G PRIYAN Vs. SUSHAMA

JUDGEMENT

(1.) PIUS C.Kuriakose, J Under challenge in this original petition filed under Article 227 of the Constitution of India is Ext.P5 order passed by the Family Court, Kozhikkode. The petitioner is the husband and the respondent is the wife. The bone of contention between the parties is the custody of their only child by name Madhav Priyan. In fact the parties had approached the Family Court way back in 2007 seeking inter alia custody of the child.

(2.) IN the above case, Ext.P1 compromise statement was filed by the parties and accepting the same, the Court passed Ext.P1 order. Clause No.6 of Ext.P1 compromise statement is that parties will be free to seek modification of the compromise order upon Madhav Priyan completing 8 years of age. Clause 7 provides that if the petitioner comes back to INdia, before Madhav Priyan attains the age of 8 years then also it will be open to the petitioner to move the Family Court for modification of the compromise order. Yet another clause in Ext.P1 is clause No.8 which provides that if the financial position of the petitioner turns bad, it will be open to the parties to seek modification of the monthly maintenance amount of Rs.3,500/- payable by the petitioner on the terms of the compromise order.