YOUSUFF Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) This petition unfolds the case of a broken marriage and its tattered victim, a bright baby girl Simi aged 6.

(2.) The petitioner is the father of Simi and the second respondent is her mother. The marriage between the petitioner and the second respondent was broken irretrievably. It is admitted that the marriage was broken and dissolved by Talaq and an agreement has been executed by the petitioner and the second respondent. As regards the agreement, the second respondent has got a case that she was forced to be a party to the agreement.

(3.) In the agreement, the petitioner and the second respondent agreed to on certain terms. A copy of the agreement is produced as Ext. P1 in this case. One of the important terms in the agreement is that the petitioner is allowed the custody of Simi. Further, it is provided that both the parties, the petitioner as well as the second respondent, should withdraw the legal proceedings taken by them in the courts. The petitioner has filed a petition for restitution of conjugal rights and the second respondent has filed a criminal complaint against the petitioner under the Dowry Prohibition Act. It is agreed that both these proceedings should be withdrawn on the basis of the agreement. This agreement was executed on 22-1-1991.