Custody disputes resolved through mediation agreements are enforceable when deemed lawful by the court.

W.P(Crl.) No.1427 of 2025 DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ.

---11------------------------------------1111-

W.P(Crl.) No.1427 of 2025 I,-------I--I-----------------11------------- Dated this the 26th November, 2025 JUDGMENT M.B.Snehalatha, J The above captioned writ petition was filed by the mother of the child alleging that he has been illegally detained by the 3rd respondent, who is none other than the fathe.r Qf the child. 2. During the pendency of this writ petition, the matter was referred to mediation, as sought by the parties as the dispute pertains to the custody of the child.

3. When this writ petition came up for hearing today, the leamed counsel appearing for both. sides submitted that the dispute regarding custody of the child has been settled in the mediation held under the aegis of Mediation Centre, Ernaku[am and a memorandum of agreement has been filed before this Court.

4. We have examined the memorandum of agreement U and we notice that it has been signed by the petitioner and the 4th W.P(Crl.) No.1427 of 2025 2025 : KER: 91381 respondent (parents of the child) and subscribed by their counsel. The terms of the agreement qua the custody are lawful and therefore the+ settlement arrived at by the parties is accepted.

'

The learned counsel appearing for both sides submitted that this writ petition can be disposed of in terms of the memorandum of agreement and the custody of the child can be ordered as per the terms of the memorandum of agreement.

In view of the memorandum of iagreement filed by the parties before this Court, W.P(Crl.) No.1427/2025 is disposed of and the c`ustody of the child named Vyshnav Jyothi shall be governed as per the terms of the memorandum of agreement arrived at by parties which do form part of this I.udgment, Sd/-

DEVAN RAMACHANDRAN JUDGE Sd/-

M.B.SNEHALATHA JUDGE ab BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM W.P.(Crl.). No.1427 of 2025 Shruthi T.K. Petitioner Vs.

District Superintendent of Police and Others Respondents MEMORANDUM OF AGREERENT UNDER SECTION 89 0F THE CODE 0F CIVIL PROCEDURE READ WITH RULES 24 & 25 0F THE KERALA CIVIL PROCEDURE (MEDIATION), RULES, 2008:

1.Both Petitioner Shruthi T.K. and the third respondent Jyothishkumar T. hereby agree that the custody of the minor child shall be with the petitioner mother. The third respondent shall take the minor child with him today and he shall return the minor child to the petitioner Shruthi T.K on the previous moming of the date of travel to Dubai. The petitioner sham intimate the date of travel to the third respondent Jyothishkumar T. along with copy of the ticket through WhattsApp message. 2.The third respondentt Jyothishkumar T. further agree that the petitioner Shruthi T.K. shall take the minor child Vyshnav Jyothi to abroad along with her.

3.Both the petitioner and the third respondent mutually agree that the custody of minor child Vyshnav Jyothi shall be with the third respondent Jyothishkumar. T. on alternate Friday evening till the following Sunday evening.

Respoftyo3&4 Shruthi T.K. Jyothishkum ar T.

Sreeja Mohanan (2)

4.Both the petitioner Shruthi T.K and the third respondent Jyothishkumar T shall have all the visitorial right of the minor Vyshnav Jyothi including by means of audio and video calls without causing any hindrance to the employment of the petitioner Shruthi T.K as well as the education of the minor child Vyshnav Jyothi and vice versa.

5.Both the petitioner Shruthi T.K. and the third respondent Jyothishkumar T agreed that in the alternate Sundays when the custody was not handed over to the third respondent Jyothishkumar T, the third respondent has got every right to visi't the minor child Vyshnav Jyothi with prior