K.Satheeshkumar vs E.Sakthi Shree
2021 Latest Caselaw 22991 Mad

                                                                       C.M.A.(MD) No.1028 of 2021


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED : 24.11.2021

                                                            CORAM:

                                    THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
                                                       and
                                    THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

                                                   C.M.A.(MD) No.1028 of 2021


                 K.Satheeshkumar                                                      ... Appellant

                                                              -vs-

                 E.Sakthi Shree                                                 ... Respondent

                                  Civil Miscellaneous Appeal filed under Section 47 of the Guardians

                 and Wards Act, 1890, praying to set aside the order dated 21.12.2020 made in

                 GWOP No.18 of 2018, on the file of the Family Court, Karur insofar as to the

                 grant of visitation rights of once in a month on all first Sundays to the

                 appellant to visit his minor child and further grant visitation rights to the

                 appellant to visit his minor child on all the weekends.

                                   For Appellant      : Mr.S.Arjun


                                                        JUDGMENT

S.VAIDYANATHAN, J.

and DR.G.JAYACHANDRAN, J.

This Civil Miscellaneous Appeal is directed against the order dated

https://www.mhc.tn.gov.in/judis C.M.A.(MD) No.1028 of 2021

21.12.2020, passed in G.W.O.P.No.18 of 2018, on the file of the Family Court,

Karur.

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 the said order, the husband of the child has

filed this civil miscellaneous appeal.

3. Aggrieved by the same order, dated 21.12.2020 the wife has also

filed C.M.A(MD)No.965 of 2021 before this Court and this Court by order

dated 18.11.2021 disposed of the Civil Miscellaneous Appeal and the relevant

portion of the said judgment reads as follows:-

“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:

https://www.mhc.tn.gov.in/judis C.M.A.(MD) No.1028 of 2021

(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 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.”

4. In view of the judgment passed in C.M.A(MD)No.965 of 2021,

https://www.mhc.tn.gov.in/judis C.M.A.(MD) No.1028 of 2021

dated 18.11.2021 arising out of the same GWOP No.18 of 2018 regarding

visitation right, nothing survives for adjudication in this appeal. The order

passed in C.M.A(MD)No.965 of 2021 shall apply to this appeal also.

5. Accordingly, the Civil Miscellaneous Appeal is disposed of. No

costs.

                                                                             [S.V.N., J.]          [G.J.,
                 J.]                                                               24.11.2021
                 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.

am

To:

1.The Judge, Family Court, Karur.

2.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.M.A.(MD) No.1028 of 2021

S.VAIDYANATHAN, J.

and DR.G.JAYACHANDRAN, J.

am

https://www.mhc.tn.gov.in/judis C.M.A.(MD) No.1028 of 2021

C.M.A.(MD) No.1028 of 2021

24.11.2021

https://www.mhc.tn.gov.in/judis