AMMU AJIT Vs. PREM CHANDER S.

JUDGEMENT

(1.) The petitioner has filed this Original Petition under Article 227 of the Constitution of India seeking an order to set aside Ext. P9 order dated 29.1.2016 of the Family Court, Ernakulam, in E.P. No. 73/2015 in O.P.(FC) No. 434/2014 and Ext. P10 order of the said Court dated 1.2.2016 in E.A. No. 22/2016 in E.P. No. 73/2015.

(2.) The respondent herein filed O.P.(FC) No. 434 of 2014 before this Court, seeking an order directing the petitioner herein to give interim custody of his minor son Aaryan during his temporary stay in Kerala. During the pendency of that Original Petition, the parties have entered into a compromise and the terms of settlement was filed before this Court in the form of a joint petition as I.A. No. 12682 of 2014. The parties have agreed to sever their relationship as husband and wife and it was agreed further that their minor son Aaryan shall continue under the care and custody of the petitioner/mother and the respondent/father shall have interim custody of the child during his temporary stay in Kerala.

(3.) As stipulated in the joint petition, the marriage between the parties registered on 18.8.2004 under the Special Marriage Act, 1954 and the customary marriage conducted on 22.8.2014 at Ernakulam was dissolved by Ext. P1 judgment of this Court dated 19.9.2014 in O.P.(FC) No. 434 of 2014, as provided under Sec. 28 of the Special Marriage Act. I.A. No. 12683 of 2014 filed under Sec. 28(2) of the Special Marriage Act seeking order to waive the six months' period was also allowed. By Ext. P1 judgment, it was also ordered that O.P. Nos. 2168 of 2013, 754 of 2013 and 1375 of 2014 pending before the Family Court, Ernakulam are struck off from the file, in view of the compromise and that, all further proceedings in C.C. No. 333 of 2013 pending before the Chief Judicial Magistrate's Court, Ernakulam is quashed.