Anthuvan Santhosh Kumar v. J.Sagaya Chelin

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Anthuvan Santhosh Kumar ... Petitioner Vs.

J.Sagaya Chelin ... Respondent PRAYER: Revision filed under Article 227 of the Constitution of India praying to set aside the order passed by the learned Principal District Judge, Vellore, Vellore District in I.A.No.1 of 2020 in GWOP NO.87 of 2021 dated 04.09.2021.

For Petitioner : Ms.S.Sivasakthi for Mr.T.Shanmugam For respondent : Ms.Zubaitha Banu

ORDER

G.W.O.P.No.87 of 2020 has been presented by the respondent herein. She is the grandmother of two minors by the names of A.Rio Siril and A.Vincy Sherlin. The respondent's daughter viz., Diana Vinnarasi and petitioner herein were married on 12.02.2010. The minor Rio Siril was 1/4

born on 01.12.2010 and minor Vincy Sherlin was born on 06.06.2013. On 15.04.2017, Diana Vinnarasi passed away. The respondent alleges that the father is not taking care of the children after his second marriage. She has presented the Guardian and Wards OP. Pending disposal of the Guardian and Wards OP, the respondent wanted visitation rights.

2. The learned Judge, taking into consideration the overall circumstances of the case, and since it was the maternal grandmother who had sought visitation rights, granted the same. It was also a restricted grant wherein the petitioner will be free to take the children within the premises of the Court building alone. The order contained several conditions for the exercise of the visitation rights by the grandmother. Being a discretionary order, I am not inclined to interfere with the same.

3. Ms.Zubaitha Banu, learned counsel representing the maternal grandmother states that the proceeding has now been transferred to the file of the Principal District Judge, Family Court at Thiruchirappalli and the matter is posted for enquiry on 29.04.2024. The learned Principal District Judge, Thiruchirappalli is requested to give priority to the case as 2/4

the respondent/grandmother is a senior citizen aged about 63 years. The Court might give priority to the case and dispose it of on or before 30.08.2024.

4. With the above directions, the Civil Revision Petition is dismissed. No costs.

25.04.2024 Index : Yes / No Speaking Order : Yes / No Sgl To 1.The Principal District Judge, Vellore, Vellore District.

2.The Principal District Judge, Family Court, Thiruchirappalli.

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V.LAKSHMINARAYANAN, J.

Sgl 25.04.2024 4/4