Smitha Sarah Thambi v. Charly Chacko

C.M.P.No.17308 of 2022 in CRP No.624 of 2021 C.V.KARTHIKEYAN , J.

This Court had disposed of C.R.P.No.624 of 2021 on 08.04.2021 and had finally ordered as follows:- "The petitioner herein is permitted to see his minor children on the 4th Saturday of every month between 2:00 pm and 5:00 pm at the premises of the Legal Service Authority in the District Court Complex at Namakkal. The Learned District Judge may appoint a responsible officer to be present, if required, during the interaction which the petitioner has with his children."

2.

The present petition has been filed seeking slight modification in the visitation rights, namely, from 4th Saturday to 2nd Sunday and retaining that timing between 2:00 pm and 5:00 pm but changing the place from the Legal Service Authority in the District Court Complex at Namakkal to St.Mary's Church, P.S.Park, Erode.

3.

Both the learned counsel for the petitioner and learned counsel for the respondent have confirmed that this would be suitable taking into consideration the welfare of the children. https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN , J.

ssm 4.

In view of the same, the order dated 08.04.2021 in C.R.P.No.624 of 2021 is modified as follows:- "The petitioner herein is permitted to see his minor children on the 2nd Sunday of every month between 2:00 pm and 5:00 pm at the premises of the St.Mary's Church, P.S.Park, Erode."

5.

In view of this particular aspect, the further condition that the learned District Judge may appoint a responsible officer to be present is deleted and I am confident that the petitioner and the respondent themselves would take up that responsibility, keeping in mind the welfare of the children during such interaction. The petitioner may bring the children without fail on every 2nd Sunday as the condition stated above.

6.

This miscellaneous petition is ordered accordingly. 01.09.2023 ssm C.M.P.No.17308 of 2022 in CRP No.624 of 2021 https://www.mhc.tn.gov.in/judis