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Madras High CourtA/2702/2020closed

Mr.R.N.Sabu, S/O.Late Mr.M.N.Rajappen v. Mrs.Rakhee Sabu, W/O.Mr.R.N.Sabu

2020-11-30Honourable Mr Justice N. Sathish Kumar3 pages

Application.No.2702 & 2703 of 2020 in O.P.No.508 of 2020 N.SATHISH KUMAR, J.

It is the contention of the learned counsel appearing for the applicant that there are some proceedings are pending between the applicant/husband and the respondent/wife, particularly, in respect of shares before the NCLT, Chennai and proceedings before the Family Court, Chennai He has been interacting with the child till October, 2020, Suddenly, in the month of October, 2020, the respondent/wife pressurised the applicant/ husband to settle the matter in sofar as the shares are concerned, otherwise, he will not be permitted to visit the minor children and thereafter, she denied permission even seeing the children. Since the children are under the custody of the respondent/wife, the applicant was denied permission to meet the children from October, 2020. Hence, the applicant seeks interim order to visit the minor children.

2. Despite name is printed, none appeared for the respondent/wife.

3. Having regard to the nature of allegations made in the affidavit filed by the applicant, it appears that the main dispute between the husband and wife is company dispute rather than the family issue, more 1/3

particularly in respect of shares and the proceedings are also pending before the NCLT, Chennai. Taking note of the specific allegations made in the affidavit and considering the fact that the minor children, namely Aaryan Sabu, aged 13 years and Maalavika Sabu, aged 9 years are under the custody of the respondent/mother, I am of the view that the applicant being the father and natural guardian of the minor children, is entitled for visitation right.

4. Accordingly, the respondent/mother is directed to permit the applicant/father to take the minor children namely Aaryan Sabu, aged 13 years and Maalavika Sabu, aged 9 years, to his home on every Saturday from 10.00 a.m. and the applicant shall drop the minor children at the respondent's house before 5.00 p.m. on the same day. This interim arrangement shall continue until further orders.

5. Accordingly, the A.No.2702 of 2020 filed by the applicant/father for interim custody of the minor children is closed. A.No.2703 of 2020 is ordered.

6. Post the matter on 22.12.2020.

30.11.2020 vaan 2/3

N.SATHISH KUMAR, J.

vaan Application.No.2702 & 2703 of 2020 in O.P.No.508 of 2020 Dated 30.11.2020 3/3