Kerala High Court
Marshall Rocha vs Mrs.Jancy Varghese on 7 June, 2019
Bench: K.Harilal, Annie John
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.HARILAL & THE HONOURABLE MRS. JUSTICE ANNIE JOHN FRIDAY, THE 07TH DAY OF JUNE 2019 / 17TH JYAISHTA, 1941 WP(Crl.).No. 204 of 2019 (S) PETITIONER: MARSHALL ROCHA, AGED 54 YEARS, S/O.FRANCIS ROCHA, KARISSERY HOUSE, PADIYOOR.P.O., MATHILAKAM, THRISSUR DISTRICT, PIN-680 688. BY ADVS. SRI.SUNNY MATHEW SRI.SONU AUGUSTINE RESPONDENT/S: 1 MRS.JANCY VARGHESE, D/O.VARGHESE, KADAPARAMBIL HOUSE, CHUNANGUMVELY, ALUVA, ERNAKULAM DISTRICT. TELEPHONE NO.9544418316. 2 S.I. OF POLICE, KATTOOR POLICE STATION, THRISSUR DISTRICT- 680 001. 3 SUPERINTENDENT OF POLICE, THRISSUR DISTRICT - 680 101. 4 SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF KERALA, THIRVANANTHAPURAM - 695 001. ADV. K R AVINASH FOR R1i SRI. K B RAMANAND, GOVERNMENT PLEADAER THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 07.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(Crl.) No. 204/2019 12: UDGMENT Harilal, J.
The alleged detenue has been produced before this Court by the first respondent. The petitioner and his wife are present before this Court. It came to the notice of this Court that the matter involved in this writ petition is a matrimonial dispute between the husband and his wife for the custody of the child. The dispute arose when the petitioner's wife left to Italy after entrusting the child with her sister, the first respondent herein. But, today during the course of hearing, the wife appeared before this Court at 11.30 a.m. She came from Italy today morning only. We have interacted with both the petitioner as well as the mother of the alleged detenue. We have referred the matter to the Mediation Centre of this Court to explore the possibility of settlement by way of mediation today itself.
2. After the mediation process, the Mediator has filed a report stating that the matter in dispute between the husband W.P.(Crl.) No. 204/2019 :3: and the wife has been settled amicably between the parties. A memorandum of settlement is also produced along with the report filed by the Mediator. The terms of compromise agreement would form part of this judgment. Accordingly, this writ petition is disposed of in terms of the compromise entered into between the parties. sd/- K. HARILAL, JUDGE.
sd/- ANNIE JOHN, JUDGE.
RV BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM W.P.(Cri.) No.204 of 2019 Marshall Rocha ; Petitioner Vs. Jancy Varghese and others | : Respondents REPORT SUBMITTED BY THE MEDIATOR SMT.SALLY THOMAS CHACKO n . MEDIATED, MATTER SETTLED.
C \ Terms of settlement enclosed herewith. ON , .\ i th | ,/bks Dated this the 7" day of June 2019. SMT.SALLY THOMAS CHACKO Mediator Ernakulam Mediation Center BEFORE THE HONOURABLE HIGH COURT OF KERALA AT. _ ERNAKULAM | W.P.(Crl.) No.204 of 2019 Marshall Rocha : ; Petitioner:
Vs.
-Jancy Varghese and others -- : ° Respondents MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF | CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE KERALA CIVIL PROCEDURE (MEDIATION), RULES, 2008 Both the parties have agreed to settle the dispute between them under the following terms and conditions:
1. The petitioner Marshall Rocha (Francis Marshall Rocha) and his wife Sheeba Celine have agreed to resolve the dispute between them and Sheeba Celione agrees to go along with her husband to their house at Padiyoor along :
with minor child.
2. 'The petitioner Marshall Rocha (Francis Marshall Rocha) and his wife.
Sheeba Celine have agreed to go together to Italy along with their minor child Fabrizia on or before 30° of June '2019. In the event of the petitioner unable to leave India and enter Italy, due to legal formalities, or paucity of documents, the child will be left with the petitioner, Marshall Rocha in India. Child should be taken by her father, and shal! reside together his own house at Padiyoor. Both parties agree that the child should be taken care of father himself.
3. The petitioner Marshall Rocha (Francis Marshall Rocha) will continue to reside in Italy with his wife Sheeba Celine and minor child and he will co- operate for complying with all the formalities regarding the citizenship of the minor child Fabrizia.
4. Both the petitioner Marshall Rocha (Francis Marshall Rocha) and his wife Sheeba Celine agree to carryout all the formalities for getting the Cehd-- | Ay eaba celine : . ' -- , transfer certificate of the minor child Fabrizia from the CMEP School, Oachamthuruthu in which she is at present studying, before leaving for Italy. :
5. - Sheeba Celine, the mother of the minor child Fabrizia undertakes to have a cordial relationship with all the relatives of Marshall Rocha (Francis Marshall Rocha).
6. The petitioner Marshall Rocha (Francis Marshall Rocha) agrees that he , has no dispute with the 1st respondent and that he will maintain a cordial relationship with the relatives of his wife Sheeba Celine.
7. In. the light of the compromise arrived at between the contesting' parties the above writ petition may be disposed of.
8. The respondents > to 4 who are the formal parties are not signatories to these of terms of settlement.
Dated this the 7" day of June 2019. oh CEPA CFL\.NE Cpt -- Snesba celine Petitioner 1 Respondent \ VE ves GZ C h-Av:
Counsél fot e Petitioner Counsel fef the 1* Respondent VERIFICATION All the facts stated above in paragraphs 1 to 7 are true to the best of our knowledge, information and belief. | '
9 speak Cel We . a _ .
gs . h Verified today this the 7% day of June 2019. oh eee rn CeLiwe (gle Marshall Rocha Jancy Varghese Teh