Aghila M.S vs Ashik M.K
2024 Latest Caselaw 31255 Ker

Kerala High Court

Aghila M.S vs Ashik M.K on 1 November, 2024

Author: V Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
                              &
            THE HONOURABLE MR. JUSTICE P.M.MANOJ
 FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
                     RP NO. 716 OF 2024

     JUDGMENT DATED 13.06.2024 IN OP (FC) NO.394 OF 2024 OF

HIGH COURT OF KERALA

REVIEW PETITIONER/PETITIONER:

          AGHILA M.S.
          AGED 30 YEARS
          D/O SHAMSUDEEN M.M., MUCHETHU HOUSE, MUDIKKAL KARA
          PERUMBAVUR VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM
          DISTRICT, PIN - 683547


          BY ADVS.
          KALAM PASHA B.
          VISHAKHA J.
          HAMDAN MANSOOR K.

RESPONDENT/RESPONDENT:

          ASHIK M.K.
          AGED 37 YEARS
          S/O KASOM M.K., MANGALAM PULLY HOUSE, MATHILAKAM KARA,
          MATHILAKAM VILLAGE, KODUNGALLOOR TALUK, PIN - 680685


          BY ADVS.
          M.A.MOHAMMED SIRAJ(K/1227/1999)


          SRI P MARTIN JOSE, FOR PARTY RESP

     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                             2024:KER:81381
RP No.716 of 2024                       2




                                     ORDER

Raja Vijayaraghavan, J.

This Review Petition is filed seeking to review the judgment dated

13.06.2024 in O.P (FC) No.394/2024.

2. We have heard the learned counsel appearing for the review

petitioner and the learned counsel appearing for the respondent.

3. We find that the overnight custody order granted by the Family

Court for the younger child on 15.06.2024 and for the elder daughter on

17.06.2024 was under challenge before this Court. As we did not find any

reason to interfere with the order granting custody for a day, we did not

interfere with the order.

4. Sri. Kalam Pasha B, the learned counsel appearing for the review

petitioner, raised serious contentions to persuade us to assail the order and

urged that relevant facts could not be brought to the notice of this Court as the

petition was dismissed at the admission stage itself.

5. However, as we find that the order has worked itself out,

reviewing the same would not serve any purpose. We grant liberty to the

petitioner to raise all her contentions before the Family Court which shall be 2024:KER:81381

considered on its merits untrammeled by any of the observations made by us.

All her contentions are left open.

Reserving such right, this Review Petition is closed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

Sd/-

                                                    P.M.MANOJ
IAP                                                   JUDGE
                                               2024:KER:81381







PETITIONER'S ANNEXURES:

Annexure A1           THE TRUE COPY OF THE FIR TOGETHER WITH FIS IN

CRIME NO.1448/2024 REGISTERED BY THE ALUVA POLICE STATION ON 01.07.2024

Annexure A2 THE TRUE COPY OF THE REPORT ISSUED BY SMT.MOHSINA ZAHEER, STUDENTS' COUNSELLOR, AMAL PUBLIC SCHOOL, MARAMBILLY

Annexure A3 THE TRUE COPY OF THE APPLICATION FILED BEFORE THE FAMILY COURT, MUVATTUPUZHA

Annexure A4 THE TRUE COPY OF THE CERTIFICATE ISSUED BY DR. ANOOP VINCENT, DON BOSCO HOSPITAL, PARAVOOR DATED 8-7-2024