Xxxx vs X
2021 Latest Caselaw 19131 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                     &
                THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
         Monday, the 13th day of September 2021 / 22nd Bhadra, 1943
                 IA.NO.4/2021 IN MAT.APPEAL NO. 301 OF 2019
             OP 227/2017 OF FAMILY COURT, OTTAPPALAM, PALAKKAD
PETITIONER/APPELLANT:

     XXXX

RESPONDENT/RESPONDENT:

     XXXX.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to correct the error
in 12th paragraph on the 13th page of the judgment of this Hon'ble Court
which observed and stated that 'True, the divorce was granted mainly on
the ground of adultery.    There was a finding that appellant/wife was
leading an adulterous life. The said finding has become final as well.
However, the proved infidelity or extramarital relationship cannot by
itself be a ground to deny the visitation or contact right of the child to
its mother so long as there is nothing to suggest that the mother carried
the extramarital affair in front of the child and such relationship had
any adverse impact on the child. One may not be a good wife; still, she
can be a good mother. The child would require the love and care of the
mother in the formative years as well as during adolescence. There is
nothing on record to show that the child was in any way exposed to the
extramarital affair of the mother and it had any adverse impact on the
child' and substitute those sentences by holding that the finding
regarding cruelty and adultery rendered by the Family Court has been set
aside by this Honourable Court in the judgment dated 24.3.2021 rendered in
Matrimonial Appeal Nos.921/2019 and 962/2019.
     This Application coming on for orders, upon perusing the application
and the affidavit filed in support thereof and this court's judgment dated
12.08.2021 and upon hearing the arguments of M/S.JACOB SEBASTIAN AND
K.V.WINSTON, Advocates for the applicant and of MR.SANTHEEP ANKARATH
Advocate for the respondent, the court passed the following:




    P.T.O.
                   A. Muhamed Mustaque & Dr. Kauser Edappagath, JJ
                      ------------------------------------
                                      I.A.No.4/2021 in
                               Mat. Appeal No. 301 of 2019
                        -------------------------------
                        Dated this the 13th day of September, 2021
                        --------------------------------

                                                ORDER

A. Muhamed Mustaque, J

In paragraph 12 of the judgment, reference has been made to the

divorce granted on the ground of adultery and observed that the finding

has become final. However, we omitted to note that the said finding has

been set aside in Mat.Appeal Nos.921/19 and 962/2019 dated

24/3/2021 and divorce was granted on mutual consent. Paragraph 12 of

the judgment therefore is clarified as above.

Sd/-

A. MUHAMED MUSTAQUE, JUDGE Sd/-

DR. KAUSER EDAPPAGATH, JUDGE

kp

13-09-2021 /True Copy/ Assistant Registrar