High CourtsDivision Bench(2025) 01 KL CK 1737

XXX vs XXX

High Court Of Kerala · Decided on 9 January 2025

HON’BLE JUDGES
Devan Ramachandran, J · M.B. Snehalatha, J
RESULT
Disposed Of
CASE NUMBER
Review Petition No. 7 Of 2025

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Judgment

6 paragraphs · 219 words

Devan Ramachandran, J.

1.

We do not propose to consider this review petition on its merits for the singular reason that it is conceded that, subsequent to our judgment, the learned Family Court has passed Annexure 5 order.

2.

Sri.K.T.Thomas – learned counsel for the petitioner, pointed out that the safeguards embedded by this Court in the judgment are now being misused by the respondent in denying custody of the child. He alleged that when this Court said that no force shall be used and that the child shall be exchanged only in front of the residence of the respondent, the latter is using it as a ruse to deny custody, making untenable allegation that force is still being used. He, therefore, prayed that this petition be allowed.

3.

As we have said above, we do not propose to pass orders on merits in this matter because, we can certainly issue appropriate orders when Annexure 5 order is challenged before this Court. In fact, Sri.K.T.Thomas concedes that his client has filed an Original Petition against the same.

4.

We, therefore, close this review petition, clarifying that nothing contained in the judgment will preclude us from deciding the Original Petition to be filed by the petitioner against Annexure 5 on its merits and all ambits.

This petition is thus closed.