Madras High Court
Paranidharan vs M.Hemalatha on 2 June, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
C.R.P.(PD)(MD)No.1512 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.06.2025
CORAM
THE HON'BLE MR. JUSTICE M.DHANDAPANI
C.R.P.(PD)(MD)No.1512 of 2025
Paranidharan ...Petitioner
Vs.
M.Hemalatha ...Respondent
PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of
India, to set aside the final order made in E.P.No.9 of 2022 in G.W.O.P.No.39
of 2020 dated 01.06.2024 on the file of the learned Family Judge, Theni and the
Civil Revision Petition to be allowed.
For Petitioner : Mr.N.Kamesh
*****
ORDER
This petition has been filed seeking to quash the final order made in
E.P.No.9 of 2022 in G.W.O.P.No.39 of 2020 dated 01.06.2024 on the file of the
learned Family Judge, Theni.
2. The petitioner herein filed G.W.O.P. No. 39 of 2020 before the learned
Family Judge, Theni, seeking to be appointed as the natural guardian and for a
direction to the respondent to hand over the minor children, viz., Vishaal and
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/06/2025 07:56:16 pm )
C.R.P.(PD)(MD)No.1512 of 2025
Aswin, to the custody of the petitioner. However, the said petition was partly
allowed, granting the petitioner visitation rights to meet the minor children on
the first and third Sunday of every English calendar month at a common place
in Theni, as desired by both parties, in the presence of the respondent, from 9:00
a.m. to 4:00 p.m. The respondent herein failed to comply with the said
judgment. Hence, the petitioner filed E.P. No. 9 of 2022 before the learned
Family Judge, Theni. However, the said petition was dismissed by the learned
Family Judge on 01.07.2024.
3. The learned counsel appearing for the petitioner would submit that
already the petitioner herein filed H.M.O.P.No.6 of 2020 before the concerned
Court for divorce and the said divorce petition was dismissed. Against which,
the petitioner herein filed an appeal before the trial Court in H.M.C.A.No.20 of
2022. The Court below allowed the appeal and divorce was granted. Thereafter,
the petitioner performed second marriage. Now, he is residing at Tiruvandrum
along with his second wife. Thereafter, the petitioner herein filed G.W.O.P.No.
39 of 2020 before the learned Family Judge, Theni seeking appointment of the
petitioner as the natural guardian and to order the respondent to hand over the
minor children, viz., Vishaal and Aswin into the custody of the petitioner. The
said petition was partly allowed, and the petitioner was granted visitation rights
to visit the minor children on the first and third Sunday of every month,
according to the English calendar, at a common place in Theni as agreed upon
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/06/2025 07:56:16 pm )
C.R.P.(PD)(MD)No.1512 of 2025
by both parties, in the presence of the respondent, from 9:00 a.m. to 4:00 p.m.
However, the respondent herein failed to comply with the said judgment.
Hence, the petitioner filed E.P.No.9 of 2022 before the learned Family Judge,
Theni. The said petition was dismissed by the learned Family Judge, Theni on
01.07.2024. Aggrieved over the same, the present petition has been filed.
4. Since no adverse orders are going to be passed against the respondent,
notice to the respondent is dispensed with.
5. Admittedly, there was a matrimonial dispute between the petitioner and
the respondent and they have since separated. Out of the wedlock, they blessed
with two children. The petitioner herein filed a divorce petition in H.M.O.P.No.
6 of 2020 before the concerned Court for divorce and the said divorce petition
was dismissed. Against which, the petitioner herein filed an appeal before the
trial Court in H.M.C.A.No.20 of 2022. The Court below allowed the appeal and
divorce was granted. In the meanwhile, the petitioner filed G.W.O.P.No.39 of
2020 before the learned Family Judge, Theni. The said petition was partly
allowed, and the petitioner was granted visitation rights to meet the minor
children on the first and third Sunday of every English calendar month at a
common place in Theni, as mutually agreed upon by both parties, in the
presence of the respondent, from 9:00 a.m. to 4:00 p.m. Apart from that, the
respondent filed a maintenance case in M.C.No.10 of 2021 before the Family
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/06/2025 07:56:16 pm )
C.R.P.(PD)(MD)No.1512 of 2025
Court, Theni and the same was allowed by granting Rs.15,000/- as monthly
maintenance to the respondent. As against which, the petitioner preferred an
appeal before this Court and the same is pending at the SR stage.
6. Though the Family Court, Theni, has granted monthly maintenance for
Rs.15,000/- to the respondent, the petitioner has not paid any amount till now
and is unwilling to pay the amount. Hence, with an intention to harass the
respondent, the petitioner filed an unnecessary application before the trial
Court.
7. Accordingly, this Civil Revision Petition stands dismissed. No costs.
02.06.2025
Internet:Yes/No
Index:Yes/No
TSG
To
1.The Family Judge, Theni.
2.The Section Officer,
VR Section,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/06/2025 07:56:16 pm )
C.R.P.(PD)(MD)No.1512 of 2025
M.DHANDAPANI, J.
TSG
C.R.P.(PD)(MD)No.1512 of 2025
02.06.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/06/2025 07:56:16 pm )
