The Kerala High Court dismissed a review petition in a divorce matter. The court held that since interim custody orders are temporary, any change in situation should be notified to the Family Court where proceedings are pending.
Review Petition dismissed; no change in custody order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE A.M.BABU
FRIDAY ,THE 08TH DAY OF MARCH 2019 / 17TH PHALGUNA, 1940
RP.No. 206 of 2019 IN WP(Crl.). 183/2018
WP(Crl.) 183/2018 of HIGH COURT OF KERALA
PETITIONER/PETITIONER
VARUN BANSAL AGED 59 YEARS S/O. VINOD KUMAR BANSAL, 59, DAYANAND BLOCK, SHAKARPUR, DELHI-110092 AND RECENTLY RESIDING AT FLAT NO.1A, TOWER-1 ASSEST HOME SIGNATURE, MENAMKULAM, KAZHAKUTTOM P.O, THIRUVANANTHAPURAM-695 582, KERALA , INDIA
BY ADVS. SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SRI.V.S.SHIRAZ BAVA
RESPONDENTS/RESPONDENTS
3 THE SUB INSPECTOR OF POLICE, KAZHAKUTTOM, THIRUVANANTHAPURAM - 695001
R.P.206/2019 in W.P.(Crl).183/2018
(MOB.98952095654) AND HAVING HER PERMANENT ADDRESS AT FLAT NO.7F,TOWER-5,ASSET HOMES SIGNATURE, MENAMKULAM, KAZHAKUTTOM P.O., THIRUVANANTHAPURAM-695582,KERALA
5 MITHLESH GUPTA W/O. LATE AJAY KUMAR GUPTA, BLOCK A-35/T1,DILSHAD GARDEN, DELHI-110095, (MOB.9210244055)
6 VAIBHAV GUPTA
S/O. LATE AJAY KUMAR GUPTA, BLOCK A-35/T1,DILSHAD GARDEN, DELHI-110095, (MOB.9711661119)
OTHER PRESENT:
SRI.T.RAJASEKHARAN-SR.GP, SRI.PIRAPPANCODE V.S. SUDHIR -R4
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 08.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.P.206/2019 in W.P.(Crl).183/2018
ORDER
Chitambaresh, J.
The change in the situation, if any, can be brought to the notice of the Family Court where the proceedings for divorce are still pending. This is particularly so since orders granting interim custody are interim in nature. There is otherewise no error apparent on the face of the record and the Review Petition is dismissed.
Sd/-
V.CHITAMBARESH Judge
Sd/-
A.M.BABU Judge
Mrcs/8.3.
R.P.206/2019 in W.P.(Crl).183/2018
APPENDIX
ANNEXURES
ANNEXURE-A1 TRUE COPY OF THE WHATSAPP COMMUNICATIONS BETWEEN THE PARTIES IN CONNECTION ANNEXURE-A2 TRUE COPY OF THE COMMUNICATION BETWEEN THE PARTIES IN CONNECTION DATED 14.09.2018 AND 14.11.2018 ANNEXURE-A3 TRUE COPY OF THE COMMUNICATION THROUGH WHATSAPP DATED 7.11.2018 ANNEXURE-A4 TRUE COPY OF THE COMMUNICATION THROUGH WHATSAPP DATED 7.11.2018 ANNEXURE-A5 TRUE COPY OF THE MAIL COMMUNICATION DATED 13.11.20918 AND THE REPLY RECEIVED FROM OFFICE OF UNIQUE IDENTITY AUTHORITY OF INDIA ANNEXURE-A6 TRUE COPY OF THE AADHAR CARD OF THE CHILD ORIGINALLY TAKEN IN NEW DELHI ADDRESS WITH NAME OF PETITIONER ANNEXURE-A7 TRUE COPY OF THE AADHAR CARD OF THE CHILD TAKEN BY THE 4TH RESPONDENT WITHOUT THE NAME OF THE PETITIONER ANNEXURE-A8 TRUE COPY OF THE COMMUNICATION THROUGH WHATSAPP DATED 2.11.2018 ANNEXURE-A9 TRUE COPY OF THE COMMUNICATION THROUGH WHATSAPP DATED 14.12.2018 ANNEXURE-A10 ACKNOWLEDGMENT COPY OF POLICE COMPLIANT DATED 16.02.2019
True copy
P.S.To Judge
R.P.206/2019 in W.P.(Crl).183/2018
1 issue framed by the court
Whether the Review Petitioner can demonstrate a change in circumstances regarding interim custody in pending divorce proceedings.
Varun Bansal
The Commissioner of Police Thiruvananthapuram
The Circle Inspector of Police
The Sub Inspector of Police
Vibha Bansal
Mithlesh Gupta
V. CHITAMBARESH
A.M. BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
