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2025 Supreme(Online)(Ker) 55714

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, M.B. SNEHALATHA, JJ
S.SENTHILKUMAR – Appellant
Versus
DIVYA SASIDHARAN – Respondent
OP (FC) NO. 717 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.HARISH R. MENON, SRI.K.T.SHYAMKUMAR, SMT.K.N.ABHA, SRI.A.G.PRASANTH

A petitioner cannot challenge an order if it lacks a proper request for review, and withdrawal of the petition leads to dismissal.

Headnote:The court analyzed the petitioner's challenge to Ext.P3 order and noted the modification made by Ext.P4 judgment. The petitioner sought an enhancement of the time frame, which was not initially requested leading to the court's consideration. The petitioner ultimately decided to withdraw the original petition in favor of filing a review against Ext.P4. The court thereby dismissed the petition.

Result: 'This Original Petition is dismissed as having been withdrawn.'

Table of Content
1. withdrawal of petition leads to dismissal. (Para 1 , 2)
2. petitioner must follow correct procedures for reviews. (Para 3 , 4)

JUDGMENT Devan Ramachandran, J.

The petitioner challenges Ext.P3 order of the learned Family Court, Palakkad, which is, however, modified by Ext.P4 judgment of this Court.

2. Sri.Harish R.Menon – learned counsel for the petitioner, submitted that his client only seeks that the time frame fixed in Ext.P3 be enhanced; but conceded that, while Ext.P4 was delivered, he had not sought for this and hence that this Court did not consider it.

3. It is thus obvious that, instead of challenge to Ext.P3, what the petitioner should be attempting is a review of Ext.P4 judgment of this Court.

4. Sri.Harish R.Menon, at this time, intervened to say that his client will withdraw this Original Petition and file a review against Ext.P4 judgment.

In the afore circumstances, permitting the above request, this Original Petition is dismissed as having been withdrawn.

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