This criminal revision petition challenging interim custody orders under the Protection of Women from Domestic Violence Act was disposed of by the High Court as infructuous. The bench recorded counsel’s unanimous submission that the children had attained majority.
Revision petition dismissed as infructuous due to children attaining majority.
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.
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Crl R.P No. 419 of 2011
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 12TH DAY OF SEPTEMBER 2023 / 21ST BHADRA, 1945
CRL.REV.PET NO. 419 OF 2011
AGAINST THE ORDER/JUDGMENT CRA 837/2010 OF DISTRICT COURT & SESSIONS
COURT,KOZHIKODE
MC 135/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,THAMARASSERY
REVISION PETITIONER/S:
SULAIMAN,NADUVILAKUNDAVE HOUSE,, MAYANAD AMSOM DESOM,
KOZHIKODE.
BY ADV SRI.K.A.SALIL NARAYANAN
RESPONDENT/S:
1BUSHRA ,W/O.SULAIMAN, KUTTIANGVAYAL, KARIMBAYIL HOUSE,,
THAMARASSERY P.O., KIZHAKKOTH AMSOM DESOM,, PIN-673101.
2ABOOBACKER, AGED 60 YEARS,S/O.USSAYIN, NADUVILAKUNDAVE
HOUSE,, THAMARASSERY P.O., MAYANAD AMSOM DESOM,,
KOZHIKODE-673 101.
3AYISHA AGED 55 YEARS,S/O.ABOBACKER, NADUVILAKUNDAVE
HOUSE,, THAMARASSERY P.O., MAYANAD AMSOM DESOM,,
KOZHIKODE-673 101.
4STATE OF KERALA,REP. BY PUBLIC PROSECUTOR,, HIGH COURT OF
KERALA, ERNAKULAM-682031.
BY ADVS.
SRI.K.M.FIROZ
SMT.M.SHAJNA
OTHER PRESENT:
smt Seetha S, PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON
12.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Crl R.P No. 419 of 2011
C.S DIAS,J.
--------------------------Crl R.P No. 419 of 2011
----------------------------Dated this the 12th day of September, 2023
ORDER
The revision petition is filed challenging the
judgment passed by the Court of Session, Kozhikode
(Appellate Court) in Crl.A No.837/2010.
No.135/2010 before the Court of the Judicial First
Class Magistrate-I, Thamarassery, invoking the
provisions of the Protection of Women from Domestic Violence Act, seeking for various reliefs including the
custody of her children.
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Crl R.P No. 419 of 2011
revision petitioner’s parents, the respondents 2 and 3 in this revision petition, to give custody of the children to the first respondent for two days on Saturdays and Sundays of every week.
order, the first respondent filed Crl.A No.837/2010 before the Appellate Court.
to the first respondent, with a direction to give the interim custody of the child to the revision petitioner between 9 a.m and 11 a.m on every Saturday and Sunday, as and when he comes from abroad, if he so
desires.
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Crl R.P No. 419 of 2011
up for consideration, the Counsel on both sides in unison submitted that the children of the revision petitioner and the first respondent have attained majority. Therefore, the revision petition has become infructuous. The said submission is recorded.
Resultantly, the revision petition is dismissed as infructuous.
SD/-
sks/12.9.2023 C.S.DIAS, JUDGE
1 issue framed by the court
Whether a criminal revision petition challenging temporary custody orders becomes infructuous upon the majority of the children.
Sulaiman, Naduvilakundave House, Mayanad Amsom Desom, Kozhikode
Bushra, W/O Sulaiman, Kuttiangvayal, Karimbayil House, Thamarassery P.O.
AboBacker
Ayisha
State of Kerala Rep by Public Prosecutor
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court