Sulaiman vs Bushra And Others

C.S Dias, J

The revision petition is filed challenging the judgment passed by the Court of Session, Kozhikode (Appellate Court) in Crl.A No.837/2010.

The first respondent had filed MC 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.

The learned Magistrate, by order dated 27.11.2010 in CMP No.4258/2010, ordered the 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.

Aggrieved and dissatisfied with the said order, the first respondent filed Crl.A No.837/2010 before the Appellate Court.

The Appellate Court, by the impugned judgment, granted interim custody of the second child 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.

Heard; Sri.Salil Narayanan, the learned counsel appearing for the revision petitioner and Sri.Firoz K.M, the learned counsel appearing for the first respondent.

Today, when the revision petition was taken 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.