Madras High CourtCRP/2037/2016disposed of

K.Anand v. Amutha

2016-07-06Honourable Mr Justice C. T. Selvam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.07.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Civil Revision Petition (PD) No.2037 of 2016 K.Anand S/o.Kumar ... Petitioner vs Amutha D/o.Rajkumar ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India against the order of learned Judge, Family Court, Salem, passed in I.A.No.28 of 2016 in G.O.P.No.10 of 2015 on 29.04.2016.

For Petitioner :

Mr.R.Ezhilarasan *****

O R D E R

This revision arises against the order of learned Judge, Family Court, Salem, passed in I.A.No.28 of 2016 in G.O.P.No.10 of 2015 on 29.04.2016.

2. Petitioner has moved F.C.O.P.No.564 of 2014 on the file of Family Court, Salem, seeking restitution of conjugal rights. The child of the couple is

in the custody of the respondent/wife. Hence, the petitioner had filed for custody in G.O.P.No.10 of 2015 before the same Court. Therein, he has moved I.A.No.104 of 2015 wherein under orders dated 06.11.2015, the petitioner was granted custody between 04.00 p.m. on 12.11.2015 and 08.00 a.m. on 14.11.2015. Informing that the petitioner could not take custody of the child since the respondent/wife's sister's marriage had been fixed on 13.11.2015, petitioner moved a further petition for interim custody in I.A.No.28 of 2016 in G.O.P.No.10 of 2015. Respondent/wife had remained ex parte both at the hearing of I.A.Nos.104 of 2015 and 28 of 2016. The Court below, under orders dated 29.04.2016, permitted custody of the child with the petitioner between 08.00 a.m. on 07.05.2016 and 05.00 p.m. on 09.05.2016 as against the petitioner's prayer seeking custody of the child for a period of five days. Aggrieved thereby, petitioner/husband filed this revision.

3. Heard learned counsel for petitioner.

4. Respondent/wife has remained ex parte before the Court below. Taking note of the submissions of learned counsel for petitioner and that by way of affidavit filed before the Court below petitioner has informed the various observances to be made in keeping with tonsuring and ear piercing of the two year old child, this Court would modify the order of the Court below

dated 29.04.2016 to one of permitting the custody of the child with the petitioner between 05.00 p.m. on 17.08.2016 and 08.00 a.m. on 23.08.2016. The Court below itself having found it necessary to permit the petitioner to seek police help in case of difficulty, this Court considers it appropriate to order likewise.

The Civil Revision Petition is disposed of with the above direction. No costs.

06.07.2016 Note to office:

Issue order copy by 11.07.2016 Index:yes/no Internet:yes gm To The Judge, Family Court, Salem.

C.T.SELVAM, J gm Civil Revision Petition (PD) No.2037 of 2016 06.07.2016