IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF DECEMBER, 2017 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.58079/2017(GM-FC) BETWEEN:
SANAA ABDUSSAMAD, D/O MR.P.M ABDUSSAMAD, AGED ABOUT 32 YEARS, RESIDING AT 35/1288, SERENE ST.MARTIN ROAD, PALARIVATTOM, KOCHI-682025.
(BY SRI VEERESH SANGOLLI, ADVOCATE) AND:
SHAMIM MOHAMMED, S/O MR. MOHAMMED KUNJU, AGED ABOUT 40 YEARS, RESIDING AT NO.806, B-BLOCK, DIVYA JYOTO LAKE POINT TOWER, NEAR BEGUR LAKE, SINGASANDRA, HOSUR ROAD, BENGALURU-560078.
... PETITIONER ... RESPONDENT (BY SRI SRIRUP MUKHOPADHYA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 15.12.2017 VIDE ANNEXURE-A PASSED IN I.A.NO.5 IN O.S.NO.49/2016 ON THE FILE OF V ADDTIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner /plaintiff has filed the present writ petition against the order dated 15.12.2017 allowing in- part I.A.No.5 in O.S.No.49/2016 on the file of the V Addl. Prl. Judge, Family Court, Bengaluru, permitting the defendant/respondent-father to take custody of the minor son on 24.12.2017 by 10.00 am at the residence of the plaintiff at Cochin and drop back the child on 31.12.2017 by 6.00 pm at the residence of the plaintiff at Cochin and directing the plaintiff/petitioner-mother to obey the Court order, without fail.
2. Today, the petitioner, respondent and the child were called to the chamber. After persuasion made by the Court, parties have come to amicable settlement and filed joint memo dated 21.12.2017 stating that the petitioner and respondent are agreeable to the arrangement of the respondent taking the child from petitioner’s place at Cochin from 26.12.2017 at 10.00 am and to be taken to respondents residence at Oachira, Kerala and to be dropped back on 30.12.2017 at 10.00 am at petitioner’s residence at Cochin. The memo is duly signed by the parties and their learned counsel. The memo is taken on record.
3. In view of the above, writ petition is disposed of in terms of the joint memo.
4. This Court appreciates the concern, love and affection shown by both the parties towards the child and especially the mother. She has shown gratitude towards the separated husband and her lovely son. This Court also appreciated the service rendered by both counsel for amicable settlement between the parties.
kcm Sd/-
JUDGE