B SURESH BABU Vs. NITHYA

JUDGEMENT

(1.) CIVIL Revision Petition in C.R.P (NPD) No.3857 of 2007 has been preferred against the Notice ordered in I.A.No.700 of 2007 by the Family Court, Coimbatore, wherein the respondent herein has sought an order to set aside Clauses 2 to 7 of the compromise decree, dated 23.02.3005 passed in G.W.O.P.No.1 of 2005, based on the joint memo of compromise.

(2.) CIVIL Revision Petition in C.R.P (NPD) No.3856 of 2007 has been preferred by the petitioner/respondent against the Notice ordered in I.A.No.701 of 2007 on the file of the Family Court, Coimbatore, wherein the respondent herein has sought an order of interim stay against the operation of Clauses 2 to 7 of the aforesaid compromise decree, dated 23.02.2005.

(3.) THE memo of compromise filed by both the parties herein before the Family Court, reads as follows :"Due to the intervention of well wishers, counsel and friends, both parties have arrived at a settlement in respect of the disputer between them. THE details are:1) THE custody of minor Rahul shall remain with the mother viz., the respondent herein.2) THE father (Sri Suresh Babu) shall be entitled to visitation rights as follows:3) (a) THE father shall have access to the child for two connective week ends :first week and commencing on Friday evening 6 p.m till sunday Evening 6 p.m.(b) And the second week and will commence on Saturday Morning at 8.45 a.m. and Sunday Evening 6 p.m. (c) During the third week end, the child will be retained by the mother.(d) During the gap between the end of second week end and the commencement of the first week and the Father shall have the right to take the child on a Wednesday directly from the school and retain the child till 7 p.m.4) During vacation i.e., quarterly, half yearly and summer vacation, the father shall have the custody of the child for the first half of the holiday and the mother will have custody for the second half of the holidays.5) THE father undertakes to pick up the child and also drop him back at the agreed timings.6) During emergencies and important occasions, functions etc., the parties will mutually agree regarding custody and if necessary they can seek the assistance of the counsel to bring about an amicable agreement on that.7) THE father and mother will have the custody of the child during birthdays of the child as follows :(a) For the first year, the father will have the custody during star Birth Day and the mother shall have custody during the English Birth Day.(b) This arrangement will be altered during the next year, i.e., the father will have the custody during the English Birth Day and the Mother will have custody during the star Birth Day of the child and this arrangement shall be continued thereafter alternatively.8) Both parties have been agreed to have the marriage dissolved by a Decree of Divorce by mutual consent and pray that order may be passed by this Honourable Court dissolving the marriage by mutual consent.9) THE wife, i.e., Mrs.Nithya given up her claims for maintenance, past, present and future and neither party on their family members shall have any claim against each other on any ground whatsoever.10) Both parties have exchanged their articles and will have no further claim against each other.11) Both parties hereby withdraw all the allegations levelled against each other (in view of this compromise) in the above proceedings and in the notices, including the defamation notice issued by the mother of Sri Suresh Babu - Mrs.Hamsaveni Ammal.12) Both parties shall strive to protect the welfare of the child and shall not do anything effecting the interest of the child.13) Each parties shall bear his / her costs.14) Both parties pray this compromise memo may be recorded and orders may be passed in favour of this memo.".