ANIL KUMAR Vs. ROSHANA RAJAN

JUDGEMENT

(1.) The issues that arise for consideration are common in both these cases. The parties are also the same. Therefore, these cases are considered and disposed of together. The petitioner in both these cases is the husband while the respondent in the O.P.(F.C) is the wife. She is also the first respondent in W.P.(C) No.22984 of 2016. The issue relates to custody of a minor girl child, who is aged about six years now. The parties are referred to in the manner in which they are arrayed in the O.P.(F.C).

(2.) As already noticed above, the parties are husband and wife. However, they have separated, pursuant to marital discord. They have a female child born out of the wedlock, by name Advika Anil. The petitioner was at that time employed in the Gulf. Initially when the marital discord arose, the respondent had filed a petition before the Taluk Legal Services Committee, Kannur, which was numbered as TLSC KNR 12 of 201 A settlement was arrived at between the parties. The parties agreed to reside together and the petitioner agreed to pay an amount of Rs.1250.00 per month as maintenance to his daughter with effect from 1.5.201 After six months, the parties agreed to reside in a rented house. A copy of the award is Ext.P1. However, the said arrangements did not work and the respondent-wife filed another petition before the Taluk Legal Services Committee, which is evidenced herein by Ext.P It was numbered as P.L.C 68 of 2014. It is alleged therein that, the earlier settlement had not worked due to violations on the part of the petitioner. In Ext.P2, an award was passed by the Lok Adalat at Kannur, which is evidenced herein by Ext.P3.

(3.) In Ext.P3, both parties agreed to obtain divorce by filing a joint petition before the Family Court, Kannur within one month. It is not in dispute that such a petition was filed and that a decree of divorce has since been passed.