K.Pavithran v. K.S.Sindhu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-08-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI CRP No. 3199 of 2025 K.Pavithran .... Petitioner Vs K.S.Sindhu ....Respondent Revision filed under Article 227 of Constitution of India to set aside the fair and final order dated 06.04.2024 made in I.A.No.7 of 2023 in F.C.O.P.No.611/2018 on the file of Family Court, Namakkal. For Petitioner : Mr.P.M.Duraiswamy For Respondent: Ms.S.Sowjanya

ORDER

The revision petitioner challenges the application seeking return of the passport. Pending the proceedings in the above revision, this Court directed the revision petitioner to file an affidavit of undertaking that if original passport of the petitioner/husband is returned, he would not misuse the same and take the child outside the Indian borders.

2. In compliance of the said order, an affidavit has been filed by the

petitioner, Paragraph No.4 of the petitioner's undertaking reads as follows:- " 4. It is submitted that the Respondent is raising objection for return of my original passport on the simple reason that I may take the child out of the country. I undertake that I won't take the child, P.Nakshadra, now aged 10 years out of India pending G.W.O.P.No.15/2018 on the file of the Family Court, Namakkal without the permission of this Hon'ble Court except the school arranged International Tour. I further undertake to produce my original passport as and when required by the trial court."

3. In view of the above, there need not be any apprehension on the side of the respondent that the child will be taken outside the jurisdiction of the Courts in India, more specifically, the Family Court, Namakkal.

4. The original passport of the petitioner/husband has been marked as Ex.A.6 in FCOP No.611/2018 before the Family Court, Namakkal. In view of the above, Family Court, Namakkal shall return the original passport of the petitioner/husband within a period of one week from the date of furnishing of the copy of this order.

5. With the above direction, the civil revision petition is allowed. No costs.

26.08.2025 Index: Yes/No Website:yes/no Speaking Order/Non-speaking Order sr To The Family Court, Namakkal.

P.B.BALAJI.,J sr 26.08.2025