Madras High Court
S.K.Kamal Chand Chordia vs Sushmitha @ Payal Kumari on 24 August, 2021
CRL.RC.No.1110 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.08.2021
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
Crl.RC.No.1110 of 2016
and
Crl.M.P.No.9645 of 2016
S.K.Kamal Chand Chordia .. Petitioner
Vs.
Sushmitha @ Payal Kumari .. Respondent
PRAYER: Criminal Revision Petition filed under Section 397 and 401 of
Criminal Procedure Code to call for the records relating to the conviction
imposed in the judgment dated 19.07.2016 made in C.A.No.47 of 2015 on
the file of the Principal Sessions Court, Cuddalore confirming the order
dated 26.05.2015 made in C.M.P.No.130 of 2014 in Crl.M.P.No.5731 of
2013 on the file of the learned District Munsif cum Judicial Magistrate,
Parangipettai and set aside the same.
For Petitioner : Mr.N.Manokaran
For Respondent : Mr.B.Jawahar
1
https://www.mhc.tn.gov.in/judis/
CRL.RC.No.1110 of 2016
ORDER
The petitioner has filed this petition to call for the records in
C.M.P.No.130 of 2014 in Crl.M.P.No.5731 of 2013, on the file of the
learned District Munsif cum Judicial Magistrate, Parangipettai and quash
the same.
2. The case of the petitioner is that the petitioner and the
respondent got married on 23.04.2014 and they were blessed with two sons.
First son, viz., Ajay Veevyn was born on 31.05.2005 and second son, viz,
Vijay Veevyn was born on 30.12.2009. However, right from the inception,
the respondent has disliked the company of the petitioner for no justifiable
cause and the petitioner has tolerated the cruelty committed by the
respondent for sometime and unable to tolerate over the same for further, he
has filed a petition for divorce in H.M.O.P.No.177 of 2013, on the file of
the learned Principal Sub Judge, Villupuram. Further it is alleged by the
petitioner that pending H.M.O.P.No.177 of 2013, the respondent had filed a
complaint dated 26.11.2013 before the Protection Officer, District Social
Welfare Office, Cuddalore, alleging that she was subjected to harassment at
the hands of the petitioner and the said petition was forwarded to the
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CRL.RC.No.1110 of 2016
learned District Munsif Cum Judicial Magistrate, Parangipettai for
necessary action. Accordingly, the said complaint filed under Section 12 of
the Protection of Women from Domestic Violence Act, 2005, was taken on
file in Crl.M.P.No.5731 of 2013. While so, the respondent purposely filed
another petition dated 10.01.2014 under Section 23 of the P.W.D.V.A Act,
2005, seeking custody of the first son S.K.Ajay Veevyn and the said petition
was taken on file in C.M.P.No.130 of 2014. However, the said petition after
contest, came to be allowed in favour of the respondent on 26.05.2015.
Challenging the said order of custody of the first son, the petitioner has filed
C.A.No.47 of 2015, on the file of the learned Principal Sessions Judge,
Cuddalore. The said appeal was also dismissed on 19.07.2016 and
challenging the same, the present Revision Petition is filed before this
Court.
3. The learned counsel appearing for the petitioner submitted that
though the Lower Court has granted the custody of the first son in favour of
the respondent, when this matter was taken up before this Court, this Court
has directed the petitioner to produce the boy and thereafter, the boy was
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CRL.RC.No.1110 of 2016
produced before this Court and while interacted with the boy, he expressed
his willingness to go along with his father and thereby, this Court has
granted interim stay and till date, the boy is under care and custody of the
petitioner and he is taking care of all his future well beings. Hence this
Court may absolute the interim stay and permit the petitioner to raise all
other issues in the Crl.M.P.No.130 of 2014, pending before the District
Munsif cum Judicial Magistrate, Parangipettai.
4. The learned counsel for the respondent submitted that after the
order of stay granted by this Court, no one is taking care of the boy and he
was admitted in the Boarding School at Ooty and thereby he is isolated and
experienced to emotional disturbances. As a mother, she is entitled to take
care of her son's future well being and safety and therefore, prays for
dismissal of this petition and request the custody of the first son, as granted
by the Trial Court.
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CRL.RC.No.1110 of 2016
5. This Court has carefully considered the rival submissions and
also perused the materials available on record.
6. When this Court expresses opinion as to the visitation of the
respondent to see the first son, the petitioner husband has no serious
objection for visit of his wife to the boarding school at Ooty and see his son,
where he is said to have been pursuing his studies.
7. In view of the consent expressed by the petitioner husband, the
interim stay granted by this Court on 30.09.2016, is made absolute and
further this Court is of the view that if the boy, S.K.Ajay Veevyn, is willing
to see his mother, the respondent wife is granted permission to visit her first
son at the JSS International School Ooty, once in a month, preferably during
weekends and the same shall be ascertained and communicated to the
counsel for the petitioner in advance.
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CRL.RC.No.1110 of 2016
8. This Criminal Revision Petition is disposed of with the above
directions.
24.08.2021
Speaking/Non Speaking order
Index : Yes/No
Internet: Yes/No
sk
To
1. The Principal Sessions Court,
Cuddalore.
2. The District Munsif cum Judicial Magistrate,
Parangipettai.
3. The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
CRL.RC.No.1110 of 2016
M.DHANDAPANI,J.
Sk
Crl.RC.No.1110 of 2016
24.08.2021
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