JASMINE Vs. KUNHUMON P.V.K

JUDGEMENT

(1.) This Original Petition is filed under Article 227 of the Constitution challenging Ext.P16 order dated 13.7.2012 passed by the Family Court, Malappuram on I.A.No.31 of 2012 in O.P.No.1074 of 2009. The petitioner/mother and the respondent/father were the respondent and the petitioner respectively in I.A. No.31 of 2012. Allowing the application filed by the respondent, the permanent custody of the child was given to him. The petitioner was allowed visitation right over the child at the house of the respondent once in a month i.e., on second Saturdays from 9 a.m. to 4 p.m. Aggrieved by the order so passed by the learned Judge of the Family Court, the petitioner has preferred this Original Petition.

(2.) Heard Shri.K.M. Sathyanatha Menon, learned counsel appearing for the petitioner, and Smt.V.P. Seemanthini, learned Senior Counsel appearing for the respondent.

(3.) The facts necessary for the disposal of this O.P. are briefly stated as follows: The petitioner and the respondent got married on 10.8.2003. A child, Juma Kadin, was born to them on 25.11.2004. While so, the petitioner filed O.P.No. 278 of 2009 before the Family Court, Malappuram for dissolving her marriage with the respondent. That O.P. was allowed on 28.8.2009. The respondent has filed an appeal in this Court challenging that order. Subsequently, the respondent filed O.P.No.1074 of 2009 before the Family Court, Malapuram. Thereafter, Ext.P1 settlement between the parties has been arrived at by which the custody of the child was given to the petitioner. The respondent was entitled to custody of the child from 9 a.m. to 5 p.m. on every Sunday as per this settlement. Accordingly, O.P.No.1074 of 2009 has been disposed of by the court below in terms of the settlement as per Ext.P2 order dated 30.12.2009. During the pendency of the appeal filed by the respondent before this Court against the order granting divorce, the respondent divorced the petitioner on 30.1.2010 and Ext.P3 agreement has been entered into between the parties on that day. As per Ext.P3, the respondent has given Rs.15,00,000/- to the petitioner towards reasonable and fair provision and Rs.15,000/- for the period of iddath and he has also agreed to pay Rs. 5000/- per mensem towards expenses for maintenance and education of the child. It was also specifically noted in Ext.P3 that from 2007 onwards the respondent has paid Rs. 1,10,000/- towards maintenance of the petitioner and the child. Specific provisions for the custody of the child by the petitioner and the respondent have also been incorporated in Ext.P3 agreement. Since the respondent has divorced the petitioner, it was also agreed to withdraw the appeal preferred by the respondent against the order granting divorce passed by the Family Court.