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Madras High CourtOA/1036/2019disposed of

M.C.Aruna v. P.Senthilkumar

2020-03-09Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

O.A.No.1036 of 2019 in O.P.No.73 of 2017 SENTHILKUMAR RAMAMOORTHY,J.

This application is filed to restrain the respondent from entering into the house or the school where the minor sons are studying, pending disposal of the O.P.

2. I heard the learned counsel for the Applicant and the learned counsel for the Respondent.

3. Both the learned counsel submitted that the matter could not be settled out of Court.

4. With regard to this Application, it is submitted by the learned counsel for the Applicant that the respondent should not meet the children either in the applicant's house or at the school without prior communication to the Applicant.

5. The learned counsel for the Respondent submitted that he is agreeable to give such prior notice about one week in advance before

visiting the minor children at the applicant's house. However, with regard to visiting the children in school, he submitted that permission would be obtained from the Head Master of the School before visiting the school.

6. I considered the submissions of the respective parties and also examined the records.

7. As regards this Application, both the parties agreed that the respondent shall give prior notice before visiting the applicant's house to meet the children. The limited scope of dispute is only with regard to meeting the children at School.

8. At this juncture, in view of the fact that the dispute could not be settled out of Court, the Original Petition is required to be disposed of after recording evidence.

9. Therefore, I am not inclined to grant any visitation right to the respondent to meet the children at the School at this stage. Instead, this Application is disposed of on the following terms:

The respondent is permitted to meet his children at the residence of the applicant after providing an advance notice of not less than one week and fixing the date and time in coordination with the applicant.

10. Post the matter before the learned Master on 01.07.2020 for recording evidence.

09.03.2020 rli

SENTHILKUMAR RAMAMOORTHY,J.

rli O.A.No.1036 of 2019 in O.P.No.73 of 2017 09.03.2020