Venkatasubramanian Ravichandran v. A.Nithya

CMP No.8990 of 2024 in O.S.A.No.7 of 2024 A.D.JAGADISH CHANDIRA, J.

and R.KALAIMATHI, J.

(Order of the Court was made by A.D.JAGADISH CHANDIRA, J.) This miscellaneous petition is filed by the petitioner/father seeking visitation rights with overnight access of his daughter, Varsha Venkat, aged 13 years and son, Raghav Venkat, aged 3 years and 3 months, for 15 days during the summer holidays from 25.05.2024 to 08.06.2024.

2. Mr.R.Thiagarajan, learned senior counsel appearing for the petitioner, would submit that the children, Varsha Venkat and Raghav Venkat, are now on summer vacation and specifically for the purpose of visiting them, the petitioner is travelling from United States of America to stay with the children for 15 days during the period from 25.05.2024 to 08.06.2024. It is therefore prayed that only for the limited period, the interim custody of the children with overnight access be granted to the petitioner.

3. M/s.Kanimozhi, learned counsel appearing for the respondent/mother, on the other hand, would submit that the respondent has no objection in allowing the children to go with the petitioner/father during the day time and she has an apprehension only in respect of their overnight stay, as the daughter, Varsha Venkat, is now in adolescent age and the son, Raghav Venkat, who is only 3 years old. The learned counsel further submits that the visitation rights may be granted only from Monday to Friday.

4. For the aforesaid submission, Mr.R.Thiagarajan, the learned senior counsel for the petitioner, would submit that the petitioner is ready to take the children during day time and is ready to hand over them to the mother in the evening.

5. In view of the above submissions, we pass the following order: The visitation rights of the children, namely, Varsha Venkat, aged 13 years and Raghav Venkat, aged 3 years and 3 months, is granted for the period

from 27.05.2024 (Monday) to 31.05.2024 (Friday) and 03.06.2024 (Monday) to 07.06.2024 (Friday) and the petitioner is permitted to take the children from the mother at 8.00 a.m. and hand them over back to the mother at 7.00 p.m. on those days and the overnight stay of the children with the petitioner is not permitted. During Saturdays and Sundays, i.e., on 25.05.2024, 26.05.2024, 01.06.2024 and 02.06.2024, the children will be with the mother.

6. The Civil Miscellaneous Petition is ordered on the aforesaid terms. (A.D.J.C., J.) (R.K.M., J.) 08.05.2024 1/2 sra

A.D.JAGADISH CHANDIRA, J.

and R.KALAIMATHI, J.

(sra) 1/2 08.05.2024