J.Premanand v. M.Sriviji

Application No.1997 of 2021 in O.P.No.385 of 2021 V.PARTHIBAN,J.

The applicant herein is the petitioner in the O.P., which has been filed by him seeking to grant the custody of the minor children P.Kaushal aged 10 years and P.Yazhini aged 6 years. The Application in A.No.1997 of 2021 has been filed seeking for grant of interim visitation rights to the applicant to visit minor daughter P.Yazhini aged about 7 years, once in a week from Saturday, 10.00 AM till Sunday 06.00 PM.

2.The O.P. has been filed to grant custody of the minor children P.Kaushal aged 10 years and P.Yazhini aged 6 years to the petitioner. The learned counsel for the petitioner would submit that the petitioner has got himself discharged from Indian Army in 2019 because the respondent was neglecting the welfare of the children. The respondent started fighting with the petitioner over his settlement money and wanted to buy lands for herself. In the entire lockdown period, the respondent was in her parents home and returned only in the month of August. On 25.06.2020, when the petitioner's father passed away the respondent attended the funeral only for one hour. On 15.12.2020, the respondent did not feed the kids and on questioning the same by petitioner's mother and sister, the respondent abused them in vulgar language and hit the

petitioner's mother.

3. Thereafter, on complaint in the local Police Station, on behest of the SI of Police, after conduction of kangaroo court, the respondent and the daughter were sent back to the respondent's house and the son was left with the petitioner.

4. Notice was ordered on 02.06.2021 and an affidavit of service has also been filed. Despite, notice being served and name is printed in the cause list, there is no representation on behalf of the respondent/mother.

5. However, in order to provide an interim arrangement, till a decision is taken in the O.P. the custody of the minor daughter would be given to the applicant/petitioner on every Saturday from 10.00 AM till Sunday 06.00 PM commencing from 14.08.2021 and to last till 12.09.2021.

6. The applicant/petitioner shall pick up the minor daughter at 10.00 AM on every Saturday at the residence of the respondent/mother and after spending his time together with his daughter shall hand over the minor daughter safely back to the

custody of the respondent/mother at her residence at about 06.00PM on Sunday.

7. This arrangement will be in force as a temporary measure till 12.09.2021 and further orders to be passed on review of the outcome of the present arrangement.

8. Post the matter on 13.09.2021. It is once again made clear that the parties are to abide by the time and day as fixed by this Court strictly.

29.07.2021 mrm

V.PARTHIBAN,J.

Mrm Application No.1997 of 2021 in O.P.No.385 of 2021 29.07.2021