High Court Kerala High Court

Razhiyamol vs Thahir Kunju on 5 August, 2008

Kerala High Court
Razhiyamol vs Thahir Kunju on 5 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 585 of 2008()


1. RAZHIYAMOL, D/O. VADAKKAVEETTIL KUNHEKKU
                      ...  Petitioner

                        Vs



1. THAHIR KUNJU, S/O. KALATHINGAL ABU,
                       ...       Respondent

                For Petitioner  :SRI.V.G.ARUN

                For Respondent  : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :05/08/2008

 O R D E R
           KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
              -----------------------------------------
               Review Petition No. 585 OF 2008
                                IN
                     M.F.A. No. 38 OF 2001
              -----------------------------------------
            Dated this the 5th day of August, 2008.


                            O R D E R

Kurian Joseph, J.

This review petition is at the instance of the appellant

against the judgment dated 02.04.2008 in M.F.A.No.38/2001.

Issue pertains to the custody of the daughter of the parties. The

daughter, aged 14 years, is now in the custody of the petitioner-

mother.

2. Since there was no appearance for the respondent, the

case was disposed of confirming the order passed by the Family

Court wherein the respondent-father was permitted to have the

custody of the child on alternate Sundays from 10 a.m to 5 p.m.

It is brought to our notice that the respondent-father has so

far never cared to have such custody and he has not visited the

child also. Even in the review petition, there is no appearance.

Therefore, the order regarding visitorial rights of the father on

R.P.No.585/2008 2

alternate Sundays between 10 a.m and 5 p.m is vacated. In case

the child is willing to see the father, it will be open to her to

contact him.

This review petition is disposed of as above.

KURIAN JOSEPH
JUDGE

HARUN-UL-RASHID
JUDGE

smp

R.P.No.585/2008 3

KURIAN JOSEPH &
HARUN-UL-RASHID, JJ.

R.P. No. 585 OF 2008
IN
M.F.A. No. 38 OF 2001

O R D E R

05.08.2008