Madras High Court
S.Shivakumar vs S.Srividya on 4 February, 2021
C.M.A. Nos.1949 and 2159 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 04.02.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
C.M.A. Nos.1949 & 2159 of 2019
and C.M.P. No.6803 of 2019
S.Shivakumar ... Appellant in both the cases
-vs-
S.Srividya ... Respondent in both the cases
Prayer in C.M.A. No.1949 of 2019: Civil Miscellaneous Appeal filed
under Section 19 of the Family Courts Act to set aside the fair and
decretal order passed in I.A. No.1384 of 2018 in O.P. No.2465 of 2016
dated 13.02.2019 on the file of IV Additional Family Court, Chennai.
Prayer in C.M.A. No.2159 of 2019: Civil Miscellaneous Appeal filed
under Order XLIII Rule 1(r) of Civil Procedure Code to set aside the
fair and decretal order passed in I.A. No.4493 of 2018 in I.A. No.1422
of 2017 in O.P. No.2465 of 2016 dated 13.02.2019 on the file of IV
Additional Family Court, Chennai.
For Appellant : Mr.S.Veeraraghavan
For Respondent : Mr.A.Thiyagarajan
https://www.mhc.tn.gov.in/judis/
C.M.A. Nos.1949 and 2159 of 2019
COMMON JUDGMENT
(Judgment of this Court was made by T.RAJA,J.)
C.M.A. No.1949 of 2019 has been filed against the I.A. No.1384
of 2018 in O.P. No.2465 of 2016 dated 13.02.2019 passed by the IV
Additional Principal Judge, Chennai, directing the appellant to pay a
sum of Rs.7,000/- to the respondent wife and Rs.10,000/- each to the
children towards monthly maintenance from the date of the petition
namely, 02.02.2018.
C.M.A. No.2159 of 2019 has been filed against the I.A. No.4493
of 2018 in I.A. No.1422 of 2017 in O.P. No.2465 of 2016 dated
13.02.2019 passed by the IV Additional Principal Judge, Chennai,
declining to initiate contempt proceedings against the appellant's wife
for violating the order dated 27.11.2017 passed in I.A. No.1422 of
2017, wherein the Family Court, has directed the respondent wife to
bring the children viz. S.Kausshika and S.Pranaav on 1st and 3rd
Saturdays of every month to the Child Care Centre, Family Court
Premises, Chennai between 11.00 a.m. and 1.00 p.m. pending
disposal of the main petition.
2.Learned counsel appearing for the appellant husband
submitted that when the divorce proceedings in O.P. No.2465 of 2016
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C.M.A. Nos.1949 and 2159 of 2019
was filed under Section 13 (1)(ia) of the Hindu Marriage Act, 1955 for
dissolution of the marriage, the appellant husband has moved the I.A.
No.1422 of 2017 seeking visitation rights and that was granted by the
Court, but the wife refused to show the children as directed by the
Court, hence, the husband has filed I.A. No.4493 of 2018 to punish the
respondent wife for her willful disobedience of the order dated
27.11.2017 passed in I.A. No.1422 of 2017, wherein the appellant
husband was entitled to have the visitation right of the minor children
viz. S.Kausshika and S.Pranaav on 1st and 3rd Saturdays of every
month at Child Care Centre, Family Court Premises, Chennai between
11.00 a.m. and 1.00 p.m. Learned counsel appearing for the appellant
further submitted that the respondent wife instead of obeying the said
order, has filed an I.A. No.5388 of 2018 to modify the order passed in
I.A. No.1422 of 2017 to the effect that the appellant husband shall
have the benefit of visitation rights of the children on the 2nd Saturday
of every month between 11.00 a.m. and 1.00 p.m. instead of 1 st and
3rd Saturdays of every month. But the Family Court, without
considering the averments made by the appellant, allowing the I.A.
No.5388 of 2018 filed by the respondent wife, modified the above
order to the effect that the appellant shall have the visitation rights
over the minor children on the 2nd Saturday of every month at Child
Care Centre, Family Court, Chennai between 11.00 a.m. and 1.00 p.m.
https://www.mhc.tn.gov.in/judis/
C.M.A. Nos.1949 and 2159 of 2019
and dismissed the I.A. No.4493 of 2018 filed by the appellant to
punish the respondent wife for her willful disobedience of the order
dated 27.11.2017 passed in I.A. No.1422 of 2017. When the I.A.
No.5388 of 2018 was filed by the respondent wife seeking modification
of the visitation rights, though objections were raised for granting the
visitation right only on the 2nd Saturday of every month, without
considering the same, the Family Court wrongly has modified the said
order, as a result, the appellant father is able to see his children only
on the 2nd Saturdays alone with a long gap.
3.Learned counsel appearing for the respondent, agreeing to the
reasonable visitation right, submitted that the appellant is entitled to
have the visitation rights twice in a month to see his children.
4.Heard both sides.
5.Insofar as the I.A. No.1422 of 2017 seeking visitation rights
filed by the appellant husband is concerned, since it is submitted by
the learned counsel for the appellant that every Saturdays is holiday
for the children, we are inclined to modify the visitation rights to the
effect that the appellant shall have the visitation rights on the minor
children viz. S.Kausshika and S.Pranaav on the 2nd and 4th Saturdays of
https://www.mhc.tn.gov.in/judis/
C.M.A. Nos.1949 and 2159 of 2019
every month at Child Care Centre, Family Court, Chennai between
11.00 a.m. and 1.00 p.m. Accordingly, the order granting visitation
rights to the appellant to have the benefit of seeing his children in the
2nd Saturdays, is hereby modified to the effect that the appellant shall
have the visitation rights on the minor children viz. S.Kausshika and
S.Pranaav on the 2nd and 4th Saturdays of every month at Child Care
Centre, Family Court, Chennai between 11.00 a.m. and 1.00 p.m. and
the respondent wife is directed to bring the children viz. S.Kausshika
and S.Pranaav on the 2nd and 4th Saturdays of every month to the Child
Centre, Family Court Premises, Chennai between 11.00 a.m. and 1.00
p.m.
6.Insofar as the I.A. No.4493 of 2018 filed by the appellant
husband to punish the respondent for her wilful disobedience of the
order dated 27.11.2017 is concerned, the Family Court, holding that
since the respondent wife is temporarily working in a private school,
she could not avail any leave from the school on the said Saturdays
hence she could not be found fault with. We have seen the reasons
given by the mother of the children in I.A. No.5388 of 2018 for
modification of the order passed in I.A. No.1422 of 2017 seeking
visitation rights only on the 2nd Saturdays of every month between
11.00 a.m. and 1.00 p.m. because she is employed as a Teacher on
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C.M.A. Nos.1949 and 2159 of 2019
temporary basis, hence, she could not leave the school on those
Saturdays; that when her father took the children, they were not
comfortable and that the children are also having schools on those
Saturdays. We are convinced with the reasons given by wife.
Therefore, we find no violation of the order.
7.Insofar as the I.A. No.1384 of 2018 directing the appellant to
pay a sum of Rs.7,000/- to the respondent wife and Rs.10,000/- to
each children towards monthly maintenance from the date of the
petition namely, 02.02.2018 is concerned, we are unable to find any
error to interfere with the same since the said order is reasonable and
it is only an interim arrangement.
8.With the above observation and direction, C.M.A. No.1949 of
2019 stands dismissed and C.M.A. No.2159 of 2019 stands disposed
of. Consequently, C.M.P. No.6803 of 2019 is closed. No costs.
(TRJ) (GCSJ)
04.02.2021
Index : Yes/No
vga
https://www.mhc.tn.gov.in/judis/
C.M.A. Nos.1949 and 2159 of 2019
To
1.The IV Additional Family Court,
Chennai.
2.The Section Officer,
V.R.Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A. Nos.1949 and 2159 of 2019
T.RAJA, J.
and
G.CHANDRASEKHARAN,J.
vga
C.M.A. Nos.1949 & 2159 of 2019 and C.M.P. No.6803 of 2019
04.02.2021
https://www.mhc.tn.gov.in/judis/
