The Kerala High Court modified a judgment regarding child custody and visitation rights. While rejecting the review petition's core plea, the Court enhanced the father's visitation schedule to include third Saturdays and holidays to ensure better father-child interaction.
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 ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR THURSDAY, THE 3RD DAY OF AUGUST 2023 / 12TH SRAVANA, 1945
R.P. NO. 755 OF 2023
AGAINST THE JUDGMENT DATED 12.04.2023 IN MAT.APPEAL NO.870 OF 2022 OF THE HIGH COURT OF KERALA REVIEW PETITIONER/APPELLANT:
ARUN KUMAR R., AGED 35 YEARS, S/O K.RAMACHANDRAN NAIR, USHAS, MUKKOLAKKAL, THEKKUMKARA, NEDUMANGAD P.O, THIRUVANANTHAPURAM, PIN – 695541.
BY ADVS. R.SUNIL KUMAR A.SALINI LAL
RESPONDENT/RESPONDENT:
ANUJA V.R.,
AGED 32 YEARS, D/O VIJAYA KUMARI, TC 2/446, JYOTHIS, MUTHAYIMKONAM LANE, ULLOOR, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM, PRESENTLY RESIDING AT FLAT NO:1G, SOWPARNIKA APPARTMENTS, NEARKIMS KUMRAPURAM, POONTHI ROAD, ANAYARA, THIRUVANATHAPURAM, PIN – 695029.
BY ADV GOPAKUMAR R.THALIYAL
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 03.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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O R D E R
P.G. Ajithkumar, J.
The appellant in Mat.Appeal No.870 of 2020 has filed this Review Petition under Section 114 and Order XLVII, Rule 1 of the Code of Civil Procedure, 1908. He seeks review of the judgment dated 12.04.2023 in the Mat.Appeal.
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in that original petition, the appellant was allowed to have visitation right of the child on every second Saturday of the month also. O.P.(G&W) No.932 of 2018 was later transferred to the Family Court, Nedumangad, where it is renumbered as O.P.(G&W) No.1038 of 2022. That original petition was dismissed as per the judgment dated 27.09.2022. Challenging the said judgment, the appellant has filed Mat.Appeal No.870 of 2022.
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would submit that in terms of the compromise, the appellant was having visitation right on all first Saturdays and as per the order in I.A.No.1241 of 2018 he has visitation right on all second Saturdays of the month. But for want of stipulating those conditions in the judgment dated 12.04.2023, the respondent is denying him visitation right on second Saturdays. The petitioner wants to modify the judgment in that respect.
would submit that when the judgment of the Family Court dated 27.09.2022 in O.P.(G&W) No.1038 of 2022 was modified by this Court, the directions are definite and there is no reason for any review. It is further submitted that when
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directions were issued by this Court after interacting with the parents and the child, the plea of the petitioner to review and modify the said directions is untenable and does not come within the purview of the review jurisdiction.
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No.1038 of 2022 was dismissed by the Family Court, Thiruvananthapuram, the interim order allowing visitation right on second Saturdays got lapsed. The said judgment was modified by this Court only to the extent of allowing custody during the midsummer vacation and Onam and Christian holidays alone. In that view of that matter, there cannot be said that there is any error in the judgment dated 12.04.2023. However, it appears that the claim of the appellant that he is entitled to have visitation right on every second Saturday, is quite reasonable considering the age of
the child and the requirement of her having frequent interaction with the father, in order to ensure love and affection from the father.
The petitioner/appellant shall have interim custody/visitation right of his daughter, Vedhika A.Nair, during the following time and days:-
i) From 10.00 a.m. to 4.00 p.m. on every first and third
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Saturdays of the month;
ii) From 10.00 a.m. on the first and third Saturdays till 4.00 p.m. on the following Sundays during the midsummer vacation, namely, April and May; and
iii) From 10.00 a.m. on the first Saturday till 4.00 p.m. on the following Sunday during the Onam and Christmas holidays.
circumstances of such a nature that necessitates modification
of the directions regarding custody of the child, either of the
parties can approach the Family Court for appropriate modification.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
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APPENDIX OF RP 755/2023
PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY OF THE JUDGMENT OF THIS HONORABLE COURT IN OP (FC): NO: 171/2019 DATED 10/10/2019
ANNEXURE 2 TRUE COPY OF THE JUDGMENT IN OP (FC): NO: 445/2020 DATED 6/1/2021
2 issues framed by the court
Whether the adjustment of visitation rights in the appealed judgment allowed sufficient time for the father which warranted modification via review?
Whether the failure to explicitly preserve certain visitation conditions in the appealed judgment justified the initiation of a review petition?
Colour shows how this judgement treated each authority
Hindu Marriage Act, 1955Referred
1 provisions across 1 enactments
Arun Kumar R.
Anuja V.R.
Anil K. Narendran
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Anil K. Narendran and P.G. Ajithkumar
Parties & counsel
