VINOTHAKUMAR VISWANATHAN NAIR Vs. REKHA INDIRA BAI

JUDGEMENT

(1.) O.P.(G&W) No.55 of 2000, on the file of the Family Court, Thiruvananthapuram, was filed by the appellant against the respondent for custody of the child, namely, Lekshmi. The Family Court held that the custody of the child shall be with the mother. The appellant/father was provided with visitation rights.

(2.) THE order passed by the Family Court was challenged by the respondent herein in Mat.Appeal No.51 of 2004. A Division Bench of this Court disposed of Mat. Appeal No.51 of 2004 by the judgment dated 30.8.2006, along with two other Matrimonial Appeals between the parties. There was a consensus between the parties and Mat. Appeal No.51 of 2004 and connected Matrimonial Appeals were disposed of accordingly. The operative portion of the judgment in Mat. Appeal No.51 of 2004 reads thus:

(3.) LEARNED counsel appearing for the respondent submitted that the appellant agreed before the executing court that he need not get custody of the child and that was the reason why the executing court passed the impugned order. It is also submitted that the appellant filed O.P.(G&W) No.56 of 2012 before the Family Court, Thiruvananthapuram for custody of the child and that petition was filed on the ground that the order dated 2.4.2012 was passed by the executing court, evidently on the consensus between the parties.