J. Jebaraj Arunkumar v. Deepa
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2024
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR J.Jebaraj Arunkumar ... Petitioner Vs.
Deepa ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to allow this revision petition and set aside the order dated 13.12.2023 passed by the II Additional Principal Family Court at Chennai in IA.No.3 of 2023 in HMOP.No.504 of 2021.
For Petitioner :
Mr.S.Vennila For Respondent :
Mr.Anand Raja Page No.1 of 9
ORDER
This civil revision petition has been filed to set aside the impugned order, dated 13.12.2023 in I.A.No.3 of 2023 in O.P.No.504 of 2021 passed by the learned II Additional Principal Judge, II Additional Principal Family Court at Chennai.
2.This Court on 21.06.2024 had passed the following order: "The petitioner, estranged husband of the respondent/wife filed a divorce petition in H.M.O.P.No.504 of 2021 which is pending before the II Additional Family Court, Chennai, in which he filed I.A.No.1 of 2023 seeking grant of custody of child Davamani Johan and I.A.No.2 of 2023 for interim custody of the child daily in the evening from 3.00 p.m. to 9.00 p.m. and to restrain the respondent from causing hindrance in having access to his child. The Family Court permitted the petitioner to pick up the child from the respondent's residence at 8.00 a.m. and leave him at 6.00 p.m. on first and third Saturday of every month till the disposal of O.P. In the event of first and third Saturday being school working days for the child, it is not possible for him to pick the child on that days. Hence, the petitioner filed I.A.No.3 of 2023 stating that the petitioner is separated from Page No.2 of 9
his child for the past two years and he was in fond hope to spend time with this child, but the respondent is not permitting the petitioner to see his child and further on the petitioner's father death anniversary, the respondent not permitted the child to attend the prayer meeting or any of the ceremony, the respondent also not permitting the petitioner to meet his son on the festival time and special occasions. The Family Court by order dated 13.12.2023 modified the condition that the petitioner is permitted to take the child from the respondent's residence at 7.00 p.m. and to leave him back at the residence of the respondent at 6.00 p.m. on first and third Saturday till the disposal of O.P.
2.The learned counsel for the petitioner submits that the petitioner is permitted to take the child the child at 7.00 p.m. but to leave him on the same day at 6.00 p.m., which is impractical and not a workable order.
3.The learned counsel for the respondent submits that he has to be served with typed set of papers. 4.Both the learned counsel for the petitioner and the learned counsel for the respondent submit that the matter may be referred to Mediation for amicable settlement between the Page No.3 of 9
petitioner and the respondent.
5.Accordingly, the Registry is directed to place the matter before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras.
6.Post the matter before the Court along with the report after completion of the mediation process."
3.In continuation and conjunction to the above order, this Court is passing the following order.
4.On the request made by either side, the matter was referred to mediation by this Court on 21.06.2024. Now the mediation completed and the Settlement Agreement, dated 29.08.2024 produced to that effect. The scanned reproduction of the settlement agreement is as follows: Page No.4 of 9
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5.In view of the above settlement regarding custody of child, no further order is required in this civil revision petition. Accordingly, the same is closed.
06.09.2024 Speaking Order/Non Speaking Order Index: Yes/No vv2 Note: Issue Order Copy on 24.09.2024.
To The II Additional Principal Judge, II Additional Principal Family Court at Chennai. Page No.8 of 9
M.NIRMAL KUMAR, J.
vv2 06.09.2024 Page No.9 of 9