IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 2656 of 2007() ------------------------------ CRA.64/2007 of ADDL.SESSIONS COURT(ADHOC) MANJERI MC.2/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PONNANI .................... REVN. PETITIONER(S): PETITIONER/APPELLANT/RESPONDENT ---------------------------------------------------- P.B.BIST, S/O.LATE BALAN, PANANGATTIL HOUSE, ANHOOR, KUNNAMKULAM, THRISSUR. BY ADV. SRI.K.N.PADMAKUMAR RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE ---------------------------------------------- 1. SHYMA, D/O.CHANDRAN, MELARAYIL HOUSE, P.O.KANHIRAMUKKU, MALAPPURAM DIST. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI C M NAZAR SRI.C.V.MANUVILSAN FOR R1 SRI.P.K.KHALEEMUDHEEN FOR R1 SRI.G.SUDHEER (THURAVOOR) FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 17/12/2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ........................................... CRL.R.P.NO. 2656 OF 2007 ............................................ DATED THIS THE 17th DAY OF DECEMBER, 2008 ORDER Revision petitioner is the husband and first respondent the wife. First respondent filed CMP 4922 of 2006 in M.C.2 of 2007 on the file of Munsiff-Magistrate Court, Ponnani under Section 21 of Protection of Women from Domestic Violence Act, 2005 for getting custody of the child. As per order dated 8.2.2007, learned Magistrate granted interim custody of the child to the mother, permitting the revision petitioner to see the child as and when he wishes. Revision petitioner challenged that order before Sessions Court, Manjeri in Crl.A.64 of 2007. Learned Additional Sessions Judge, on reappreciation of evidence and materials, confirmed the order and dismissed the appeal, but making it clear that revision petitioner is entitled to see the child twice in a week, viz, on every Wednesday and Monday at the Anganawady between 1 pm and 2 pm. The order is challenged in this revision petition. 2. Learned counsel appearing for revision petitioner was heard. Learned counsel submitted that M.C. 2 of 2007 is yet to be disposed of and as the child is in the custody of the mother CRRP 2656/2007 2 from 2007 onwards, learned Magistrate may be directed to dispose the case expeditiously. 3. On hearing the learned counsel and going through the orders passed by the courts below, I find no reason to interfere with the order passed by learned Magistrate as confirmed by learned Sessions Judge granting interim custody of the child to the mother and that too, granting permission to the father to see the child twice in a week from the Anganwady. In such circumstances, revision petition is dismissed. Send back the records to learned Magistrate. Learned Magistrate to dispose the case expeditiously. M.SASIDHARAN NAMBIAR, JUDGE lgk/-