Kerala High Court
Vikesh vs Sukanya on 25 October, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
RP NO. 1125 OF 2024
AGAINST THE JUDGMENT DATED 08.10.2024 IN OP (FC) NO.607 OF
2024 OF HIGH COURT OF KERALA
REVIEW PETITIONER/RESPONDENT/PETITIONER:
VIKESH, AGED 35 YEARS
S/O ARUKETTI VEETTIL CHANDRABOSE, CHERAYI DESOM,
KADIKKAD VILLAGE, CHAVAKKAD TALUK, ANDATHOD P.O,
THRISSUR DISTRICT, PIN - 679564
ANAND KALYANAKRISHNAN
C.DHEERAJ RAJAN
RESPONDENT/PETITIONER/RESPONDENT:
SUKANYA, AGED 26 YEARS
D/O KONGANAR VETTIL SURENDRAN, BLANGAD DESOM, BLANGAD
P.O, KADAPPURAM VILLAGE, CHAVAKKAD TALUK, THRISSUR
DISTRICT, PIN - 680506
SRI JAZIL DEV FERDINANTO
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
25.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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RP NO. 1125 OF 2024
2
ORDER
Devan Ramachandran, J.
This petition, seeking review of the judgment of this
Court dated 08.10.2024, has been impelled with a limited plea,
that this Court grant day time custody of the child to the
petitioner from 10 AM to 4 PM also on all Sundays.
2. Sri.Anand Kalyanakrishnan, appearing for the
petitioner, submitted that his client has approached this Court
through this petition because, going by the impugned order of
the learned Family Court, his client was given custody from 10
AM on Saturdays till 5 PM on the following Sundays; but then,
when this Court interdicted the overnight custody, axiomatically,
he ought to have been granted day custody on these two days
also. He thus prayed that the judgment be reviewed.
3. However, the learned counsel for the respondent -
Sri.Jazil Dev Ferdinanto, submitted that this petition is not
maintainable because, there is no error apparent on the face of
the judgment in question. He submitted that the judgment was
delivered on the basis of consent by his client, that the father can
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RP NO. 1125 OF 2024
be given day time custody of the child from 10 AM to 4 PM on all
Saturdays; and that this was consciously said because the child
has other activities relating to his school on Sundays. He
explained that if the child is kept away on both Saturdays and
Sundays in such manner, he would be subject to great prejudice.
4. We do not propose to enter into the merits of the rival
contentions because, as rightly argued by Sri.Anand
Kalyanakrishnan, the order of the learned Family Court was that
the father will have custody of the child from 10 AM on
Saturdays till 5 PM on Sundays. We interdicted the overnight
custody and allowed day time custody as conceded by the
mother.
5. Obviously, when the matter is considered by the
learned Family Court and if it is to find that overnight custody
cannot be granted, the petitioner can certainly impel a claim for
day custody for both the days, which will certainly be considered.
6. We do not deem it necessary to take up this exercise
because, should the learned Family Court find it in favour of the
father, then a day custody on Sunday will become irrelevant,
since it would be part of an overnight custody arrangement.
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RP NO. 1125 OF 2024
With the afore liberty being reserved, this petition is
closed.
Sd/- DEVAN RAMACHANDRAN
JUDGE
Sd/- M.B. SNEHALATHA
JUDGE
stu
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RP NO. 1125 OF 2024
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE JUDGEMENT DATED
08.10.2024 IN O.P(F.C) 607/2024
