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Madras High CourtCRP/1004/2022disposed of

Gayathri v. Ganesh K.P.R.S

2022-03-25Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2022 C O R A M THE HONOURABLE Ms. JUSTICE P.T. ASHA C.R.P.(PD).No.1004 of 2022 and C.M.P.No.5198 of 2022 Gayathri

...Petitioner/Respondent/Petitioner/Respondent

-VGanesh K.P.R.S

...Respondents/Petitioner/Respondent/Petitioner

Prayer: Petition filed under Article 227 of Constitution of India, to strike off the petition filed by the Respondent in I.A.No.9 of 2022 in I.A.No.3 of 2022 in O.P.No.2417 of 2021 pending on the file of the II Additional Family Court, Chennai.

For Petitioner : M/s S.P.Arthi 1/4

ORDER

The above revision is filed by the petitioner seeking to strike off I.A.No.9 of 2022 filed in I.A.No.3 of 2022 in O.P.No.2417 of 2021 pending before the II Additional Family Court, Chennai.

2. The relief claimed in I.A.No.9 is as follows: "to recall the petitioner and permit the petitioner/respondent to mark the documents as exhibits in application for visitation rights by in I.A.No.3 of 2022 in O.P.No.2417 of 2021."

3. The learned counsel for the petitioner submitted after making her arguments that the petitioner has no objection for this petition in I.A.No.9 being ordered and therefore this Court has passed order without issuing notice to the respondent.

4. Therefore, directions are issued to the Additional Family Judge, Chennai to proceed to hear the I.A.No.3 which is filed by the petitioner mother seeking temporary custody of her 3 children aged 11, 9 and 5 respectively.

2/4

5. It is informed that the enquiry in the said application is mid way and is only awaiting the proof as contemplated under Section 65 B of the Evidence Act, in respect of the documents that the respondent/husband seeks to mark. Therefore, a direction is issued to the II Additional Family Court, Channai to dispose of I.A.No.3 of 2022 on or before 13.04.2022. The presiding officer shall report compliance of the order by 18.04.2022 to this Court. With the above directions the Civil Revision Petition stands disposed of. No costs, consequently, the connected miscellaneous petition is closed.

25.03.2022 Index : Yes/No Internet: Yes/No shr Note to Registry:

Issue order copy today.

To 1.The II Additional Family Court, Chennai.

P.T. ASHA, J, 3/4

shr C.R.P.(NPD)No.1004 of 2022 and C.M.P.No.5198 of 2022 25.03.2022 4/4