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Madras High CourtCMP/16702/2016ordered

K. Anand v. Amutha

2021-01-11Honourable Mr Justice G.K. Ilanthiraiyan4 pages

G.K.ILANTHIRAIYAN, J.

This Civil Miscellaneous Petition is filed for a direction to the Inspector of Police, All Women Police Station, Polur to get the custody of the child viz., Minor Sathveekha Anand from the respondent and hand over the child to the petitioner within a stipulated period of time as may be fixed by this Court.

2. The petitioner filed the Civil Revision petition as against the fair and decretal order passed in I.A.No.28 of 2016 in G.O.P.No.10 of 2015 dated 29.04.2016 on the file of the Family Court, Chennai, thereby granting interim custody of the child born to the petitioner through the respondent herein between 08.00 a.m. on 07.05.2016 and 05.00 p.m. on 09.05.2016. This Court by an order dated 06.07.2016, modified the order of the Family Court, Chennai to the effect that the custody of the child be with the petitioner between 05.00 p.m on 17.08.2016 and 08.00 a.m on 23.08.2016. 1/4

3. Further, this Court observed that, if necessary, permitted the petitioner to seek police help in case of difficulty while executing the order. When the petitioner approached the respondent, they refused to give interim custody of the minor child for tonsuring and ear piercing. Therefore, the petitioner approached the jurisdictional police viz., the Inspector of Police, All Women Police Station, Polur, Tiruvannamalai District seeking police protection for taking interim custody of the minor child and it is pending.

4. Even in the main Civil Revision Petition, on receipt of the notice, no one appeared on behalf of the respondent. Considering the above nature of the application, the Inspector of Police, All Women Police Station, Polur, Tiruvannamalai District is directed to give adequate police protection to the petitioner to get custody of the child viz., minor Sathveekha Anand from the respondent for tonsuring and ear piercing, if not already the petitioner had taken the custody of the minor child.

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5. With the above direction, this Civil Miscellaneous Petition is ordered.

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G.K.ILANTHIRAIYAN, J.

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