2021 Supreme(Online)(Ker) 57487
IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOY JOHN – Appellant
Versus
SHELLY – Respondent
RP 507/2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH MONDAY, THE 9TH DAY OF AUGUST 2021 / 18TH SRAVANA, 1943 RP NO. 507 OF 2021 AGAINST THE JUDGMENT DATED 18.3.2021 IN Mat.Appeal 163/2021 OF HIGH COURT OF KERALA, ERNAKULAM REVIEW PETITIONER/APPELLANT:
JOY JOHN, AGED 58 YEARS, S/O. JOHN, VARIKKASSERY HOUSE, MUTHRATHIKKARA DESOM, PARAPPUKKARA P.O, MUKUNDAPURAM TALUK, THRISSUR DISTRICT PIN 680 310 BY ADV N.L.BITTO RESPONDENT/RESPONDENT:
SHELLY, AGED 50 YEARS, W/O. JOY JOHN, VARIKKASSERY HOUSE, GOLDEN NEST RESIDENTS, INFANT JESUS ROAD, PERUMPADANNA, NORTH PARAVOOR, ERNAKULAM DISTRICT, PIN 683513 MINOR JOEL VARIKKASSERY, AGED 16, S/O. JOHN, VARIKKASSERY HOUSE, MUTHRATHIKKARA DESOM, PARAPPUKKARA P.O, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN 680 310 BY ADV M.V.S.NAMPOOTHIRY THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
09.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O R D E R Dated this the 9th day of August, 2021 A.Muhamed Mustaque,J.
This review is filed at the instance of the appellant. The counsel for the appellant/review petitioner had pointed out that this Court has erred in rejecting the claim for interim custody, including visitation and contact rights and this is an apparent mistake on the face of record. It is submitted that the review petitioner, being the father of the child, ought to have been given at least contact rights of the child.
2. The prayers in the review petition have been opposed by the respondent. It is obvious that we dismissed the appeal taking note of the stand taken by the child before us, who is 16 years old. Any how, we are of the view that the father's limited request for contacting the child can be allowed. Therefore, we permit the review petitioner to contact the child through video call twice in a month, on every 2nd and
4th Saturdays between 7 to 7.30 pm.
We allow the review petition to the extent permitting the father to contact the child as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
DR. KAUSER EDAPPAGATH JUDGE kp True copy P.A. To Judge