IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 RP.No.585 of 2008 ----------------------- AGAINST THE JUDGEMENT/ORDER IN MFA.38/2001 Dated 02/04/2008 .................... PETITIONER-APPELLANT: --------------- RAZIYA MOL, D/O. VADAKKEVEETTIL KUNHOKKU, AZHINJALAM P.O., VAZHAYOOR, MALAPPURAM. BY ADV. SRI.V.G.ARUN RESPONDENT-RESPONDENT: ---------------- THAHIR KUNJU, S/O. KALATHINGAL ABU, KARUMARAKODE, VAZHAKKAD P.O., MALAPPURAM. BY THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- Review Petition No. 585 OF 2008 IN M.F.A. No. 38 OF 2001 ----------------------------------------- Dated this the 5th day of August, 2008. O R D E R Kurian Joseph, J. This review petition is at the instance of the appellant against the judgment dated 02.04.2008 in M.F.A.No.38/2001. Issue pertains to the custody of the daughter of the parties. The daughter, aged 14 years, is now in the custody of the petitioner- mother. 2. Since there was no appearance for the respondent, the case was disposed of confirming the order passed by the Family Court wherein the respondent-father was permitted to have the custody of the child on alternate Sundays from 10 a.m to 5 p.m. It is brought to our notice that the respondent-father has so far never cared to have such custody and he has not visited the child also. Even in the review petition, there is no appearance. Therefore, the order regarding visitorial rights of the father on R.P.No.585/2008 2 alternate Sundays between 10 a.m and 5 p.m is vacated. In case the child is willing to see the father, it will be open to her to contact him. This review petition is disposed of as above. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp R.P.No.585/2008 3 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. R.P. No. 585 OF 2008 IN M.F.A. No. 38 OF 2001 O R D E R 05.08.2008