NEETHU B. Vs. RAJESH KUMAR

JUDGEMENT

(1.) The instant review petitions have been preferred by the original appellant in Civil Appeal No(s). 5395-5396/2024, wherein the present petitioner's appeals assailing the common final judgment and order dtd. 17/10/2023 in MAT Appeal No. 815/2022 and MAT Appeal No. 252/2023 passed by the High Court of Kerala were dismissed by this Court, vide order dtd. 22/8/2024.

(2.) The brief factual background leading to the instant petitions is necessary before we delve into the reason for employing the review jurisdiction of this Court which is otherwise sparingly exercised.

(3.) The marriage was solemnised between the petitioner-wife and respondent-husband on 4/9/2011 in accordance with Hindu rites and rituals, and a boy was born out of the wedlock on 7/11/2012. However, differences arose between the parties soon after, they started living separately from 22/10/2013 onwards and eventually decided to dissolve the marriage by mutual consent. Accordingly, an agreement based on mutual understanding was executed by both the parties on 13/9/2014 regarding the terms of divorce as well as the custody of the minor child. As per the terms and conditions of the said agreement, custody of the minor child was agreed to remain with the petitioner-mother and the respondent-father was granted visitation rights on two Saturdays in a month. A joint divorce petition was filed by the parties which was allowed by the Family Court, Attingal, Kerala on 26/6/2015 in terms of the mutual agreement.