Madras High Court
E.Sakthi Shree vs K.Satheeshkumar on 18 November, 2021
C.M.A.(MD) No.965 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
and
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
C.M.A.(MD) No.965 of 2021
and
C.M.P.(MD) No.9168 of 2021
E.Sakthi Shree ... Appellant
-vs-
K.Satheeshkumar ... Respondent
Civil Miscellaneous Appeal filed under Section 19(i) of the Family
Courts Act r/w Section 47 of Guardian and Wards Act, praying to set aside the
fair and decreetal order dated 21.12.2020 passed in G.W.O.P.No.18 of 2018,
on the file of the Family Court, Karur.
For Appellant : Mr.H.Arumugam
For Respondent : Mr.K.Saravanan
JUDGMENT
S.VAIDYANATHAN, J.
and
DR.G.JAYACHANDRAN, J.
This civil miscellaneous appeal is directed against the order dated
21.12.2020, passed in G.W.O.P.No.18 of 2018, on the file of the Family Court,
Karur.
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C.M.A.(MD) No.965 of 2021
2. The appellant and the respondent got married on 19.02.2016 and
ultimately, they have parted by means of divorce on mutual consent vide order
dated 21.12.2020 in H.M.O.P.No.351 of 2018. It has been agreed in the
guardian wards original petition that the father shall visit the child on the first
Sunday of every month at Pasupatheeswarar Temple between 08.00 a.m. and
08.00 p.m. In case for any reason the child is not able to be produced on the
first Sunday, the child shall be produced on the second Sunday at the same
venue and time. Aggrieved over by the place of visit at Karur, the mother of
the child has filed this civil miscellaneous appeal.
3. The learned counsel appearing for the appellant would submit
that the appellant has secured job in Chennai and her child and mother are
also residing at Chennai and also in view of the health condition of the child, it
is difficult for the appellant to come to Karur from Chennai on the first Sunday
of every month and therefore, prayed for modification of the impugned order in
this regard.
4. The learned counsel appearing for the respondent would submit
that the respondent is also in Chennai and therefore, the place of visit may be
modified as Chennai instead of Karur.
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C.M.A.(MD) No.965 of 2021
5. Taking into consideration the facts and circumstances of the case
and also the factum that the order giving visitation right to the respondent
herein is a consent order and also in view of the fact that the welfare of the
child is paramount important, we modify the impugned order to the extent
indicated below:
(i) The child shall be produced on the first Sunday of
every month at Thiruvalleswarar Temple, Padi,
Chennai-600 050, or any other common place
agreeable by both parties, between 10.00 a.m. and
08.00 p.m.
(ii) If the child is not able to be produced on any of the first
Sunday, the child shall be produced on the second
Sunday at the same venue and time with prior
intimation to the respondent.
(iii) Even though it has been insisted by the respondent
that he may be permitted to visit the child at least twice
in a month, this Court is not inclined to modify the
impugned order, except the one supra.
(v) Depending upon the child's reaction to the respondent,
necessary application shall be moved by the
respondent before the appropriate forum to have more
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C.M.A.(MD) No.965 of 2021
number of visit, which can be considered at the
appropriate time in the manner known to law.
(vi) The first visit shall commence on 05.12.2021.
6. With the above modification, the civil miscellaneous appeal is
disposed of. No costs. Consequently, connected miscellaneous petition is
closed.
[S.V.N., J.] [G.J., J.]
18.11.2021
Index : Yes / No
Internet : Yes / No
Note :
In view of the present lock down owing to
COVID-19 pandemic, a web copy of the
Judgment may be utilized for official
purposes, but, ensuring that the copy of
the Judgment that is presented is the
correct copy, shall be the responsibility of
the advocate / litigant concerned.
krk
To:
1.The Judge,
Family Court,
Karur.
2.The Section Officer,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
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https://www.mhc.tn.gov.in/judis
C.M.A.(MD) No.965 of 2021
S.VAIDYANATHAN, J.
and
DR.G.JAYACHANDRAN, J.
krk
C.M.A.(MD) No.965 of 2021
18.11.2021
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