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Madras High CourtA/764/2015ordered

S.Imtiaz Ahmed v. Zainab Sabira

2015-02-10Honourable Mr Justice R.Subbiah3 pages

A.No.764 of 2015 in O.P.No.749 of 2013 R.SUBBIAH, J This application has been filed by the respondent in O.P.No.749 of 2013 to revive the visitation rights granted to him pertaining to the minor child Zaina, aged about three years in view of the order dated 25.06.2014. The order of this Court dated 25.06.2014 granting visitation rights to the applicant herein reads as follows: "As per the consensus arrived at, the respondent, S.Imtiaz Ahmed is permitted to exercise his visitation right at the Child Care Centre, Family Court, High Court Campus, Chennai - 104 on every Saturday between 10.00 a.m. and 12.30 p.m. commencing from the Saturday, 5th July, 2014 unless the Saturday happens to be a public holiday.

The petitioner, Zainab Sabira is directed to produce the child at the said Child Care Centre, so as to enable the respondent to exercise his visitation right on the said dates and specified time. The interim arrangement shall continue until further orders." 2.Though the order was passed on 25.06.2014, the applicant was able to spend time with his daughter till 16.08.2014 only. The applicant's wife wanted to reschedule the visitation dates as she was going along with the child to outstation.

consented and he has also sought for postponement of one date as he was out of station. In the meanwhile, the applicant suffered fracture and it was also infected due to fluid retention. This necessitated the applicant to undergo various treatments for over three months. Therefore, the applicant was unable to come to the Child Care Centre or attend the hearings or meet the counsel. Now he has filed the present application to revive the visitation rights pertaining to the minor child Zaina.

3.Learned counsel for the respondent has no objection for revival of visitation rights. Hence, the visitation rights granted by order dated 25.06.2014 are modified and this application is allowed. The applicant in this application is directed to exercise his visitation right pertaining to minor Zaina, aged about three years at the Child Care Centre, Family Court, High Court Campus, Chennai - 104 on every Saturday between 10.00 a.m. and 12.30 p.m. commencing from the Saturday, 14th July, 2014 unless the Saturday happens to be a public holiday. 10.02.2015 mmi R.SUBBIAH, J.

A.No.764 of 2015 in O.P.No.749 of 2013 10.02.2015