Prathiba Rijesh vs Rijesh Chandrasekhar
2024 Latest Caselaw 10552 Ker

Kerala High Court

Prathiba Rijesh vs Rijesh Chandrasekhar on 11 April, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque, Kauser Edappagath

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                               &

         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

  THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946

                       RP NO. 730 OF 2021

AGAINST THE JUDGMENT DATED IN Mat.Appeal NO.454 OF 2018 OF
HIGH COURT OF KERALA

REVIEW PETITIONER/S:


          PRATHIBA RIJESH
          AGED 36 YEARS
          D/O.P.A.VIJAYAN, PONNETH HOUSE, ELINJIPRA P.O.,
          CHALAKKUDY, THRISSUR 680 721

          BY ADVS.
          SOORAJ T.ELENJICKAL
          VINCENT JOSEPH (CHUNDATT)
          ASWIN KUMAR M J
          HELEN P.A.
          ARUN ROY
          SHAHIR SHOWKATH ALI
 R.P.No.730/2021 in Mat.Appeal No.454/2018



                              -:2:-




RESPONDENT/S:


        RIJESH CHANDRASEKHAR
        S/O.KOLATHEKAT CHANDRASEKHARAN, "VALSALYAM", NATTIKA
        VILLAGE, VALAPPAD P.O., THRISSUR 680 567

        SR.ADV.SUMATHI DANDAPANI

        ADV.MILLU DANDAPANI


     THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 R.P.No.730/2021 in Mat.Appeal No.454/2018



                               -:2:-




            A.MUHAMED MUSTAQUE & KAUSER EDAPPAGATH, JJ.

          ------------------------------------------------

             R.P.No.730/2021 in MAT.APPEAL No.454/2018

          ------------------------------------------------

               Dated this the 11th day of April, 2024

                             O R D E R

A.Muhamed Mustaque, J.

The review petition is filed by the respondent in the

matrimonial appeal.

2. We had allowed the matrimonial appeal granting divorce

on the grounds of cruelty.

3. The review petitioner seeks to review the judgment

pointing out that this Court has attributed her with the entire

responsibility of spoiling the marital tie and she has been found

'at fault' whereas according to her, the respondent had abandoned

her and had refused to resume the marital ties and further that

this period of separation cannot be a ground to grant a decree

of divorce. The petitioner prays to review the judgment and

dismiss the matrimonial appeal with costs. R.P.No.730/2021 in Mat.Appeal No.454/2018

4. The learned Senior Counsel for the respondent

submitted that the respondent has remarried after divorce. The

said submission is recorded.

5. In view of the above, the review petition is only to

be dismissed and it is accordingly dismissed.

6. The learned counsel for the review petitioner

submitted that the petitioner has a further request in the

matter. She wants to be appointed as the sole legal guardian and

custodian of the minor child Ananya. The respondent father has

no objection in appointing her as the legal guardian.

Accordingly, we declare the review petitioner exclusively as the

sole legal guardian and custodian of the minor child Ananya.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

KAUSER EDAPPAGATH, JUDGE

ms