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Kerala High Court

Shaharban vs Buhari Valappil on 10 January, 2012

Author: K.M.Joseph

Bench: K.M.Joseph, M.L.Joseph Francis

       

  

  

 
 
                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT:

                   THE HONOURABLE MR.JUSTICE K.M.JOSEPH
                                         &
              THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS

    WEDNESDAY, THE 29TH DAY OF FEBRUARY 2012/10TH PHALGUNA 1933

                   RP.No. 113 of 2012 (R) IN OPFC/4160/2011
                      -----------------------------------------
        AGAINST THE JUDGMENT IN OPFC.4160/2011 DATED 10-01-2012

REVIEW PETITIONER(S):
--------------------

          SHAHARBAN, D/O.ALIKUTTY, AGED 27 YEARS,
          THANIKKAT, MANGALAM AMSOM, KUTTAYI DESOM,
          TIRUR TALUK, KUTTAYI P.O., MALAPPURAM DIST. 676 562.


          BY ADVS.SRI.K.M.FIROZ
                   SMT.M.SHAJNA

RESPONDENT(S):
--------------

       1 BUHARI VALAPPIL, S/O.VALAPPIL MUHAMMED,
       AGED 31 YEARS, THALAKKAD AMSOM, THEVALAPURAM DESOM,
       KATTACHIRA, TIRUR TALUK, B.P.ANGADI P.O.,
       MALAPPURAM DIST. 676 102.

       2. MULAKKAL UMMACHU, W/O.VALAPPIL MUHAMMED, AGED 57 YEARS,
       THALAKKAD AMSOM, THEVALAPURAM DESOM, KATTACHIRA,
       TIRUR TALUK, B.P.ANGADI P.O., MALAPPURAM DIST. 676 102.

       3. THE STATION HOUSE OFFICER, TIRUR POLICE STATION,
       MALAPPURAM DIST 676 101.




          BY ADV.SRI.JAMSHED HAFIZ.
          BY SENIOR GOVT.PLEADER SRI.R.PADMARAJ.(R3)

        THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 29-
02-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:



          K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ.
             -----------------------------------------------
        R.P.No.113 of 2012 in O.P.(FC) 4160 of 2011
             -----------------------------------------------
                  Dated 29th February, 2012.

                              O R D E R

K.M.Joseph, J.

I.A.3227/12 : Not opposed. Allowed.

We have disposed of the Original Petition (Family Court) by making some arrangements regarding the custody of the minor child.

2. The Review Petition is filed on the basis that subsequent to the order, some developments have been taken place, necessitating the change of the lawyer. According to the learned counsel for the petitioner, at present, the petitioner has engaged Adv.Sri.M.A.Ismail, who is practising at Tirur. According to the learned counsel for the petitioner further, the child may not be directed to be produced on Sundays. Instead, he offers to produce the child on Mondays and Thursdays in the office of Adv.Sri.M.A.Ismail, at the very same time mentioned in the judgment.

3. We heard the learned counsel representing the respondents also. In the interests of justice, we review the R.P.113/12 2 judgment and order in place of the arrangement from tomorrow (1.3.2012) onwards that the petitioner will make available the child in the office of Adv.Sri.M.A.Ismail, Tirur between 3 p.m. and 5 p.m. on Mondays and Thursdays.

We modify the order passed in the O.P.(FC) on the above lines.

Sd/-

K.M.JOSEPH, JUDGE.

Sd/-

M.L.JOSEPH FRANCIS, JUDGE.



tgs


                         (true copy)               P.S. to Judge.