S. Praveen Kumar v. Raja Meenatchi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.12.2024
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN S.Praveen Kumar .. Petitioner vs Raja Meenatchi .. Respondent Petition filed under Article 227 of the Constitution of India to direct the learned Principal District Judge at Chengalpattu to conduct the trial in the above case in I.A.No.4 of 2024 in G.W.O.P. No.344 of 2023 in speedy manner and dispose of the same at the earliest within the time stipulated by this Court. For Petitioner :
Mr.A.Murugavel For Respondent :
Ms.Kokilam for Ms.G.M.Bhavani
ORDER
This civil revision petition seeks for expeditious disposal of I.A.No.4 of 2024 in G.W.O.P.No.344 of 2023 on the file of the Principal District Judge at Chengalpet.
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2. The civil revision petitioner married the respondent and from the wedlock, a child was born on 02.08.2017. Due to disputes between the couple, they have separated. The husband is residing in Tambaram and the wife is residing in Jaladianpet. Pleading that it is in the best interest of the child to be it grows in his custody, he presented G.W.O.P.No.344 of 2023 on the file of the Principal District Judge at Chengalpet. Pending disposal of the G.W.O.P., he took out an application in I.A.No.4 of 2024 seeking interim custody of the child.
3. The grievance of the civil revision petitioner is that he has not seen the child for years on account of the fact that the mother is not permitting him access to the child. When he brought this aspect to the notice of the Trial Court, the learned Trial Judge has adjourned the matter without passing any orders in the application. Aggrieved by the course of conduct adopted by the Trial Court, the husband has preferred the present revision for the aforesaid reliefs.
4. When the matter came up for admission, I requested Mr.A.Murugavel to serve the entire set of papers on the respondent. The papers have been served and Ms.Kokilam has entered appearance for the respondent.
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5. When I took up the matter in the forenoon, the request for visitation was made on behalf of the civil revision petitioner. I put it to Ms.Kokilam that the child must know who his father is and being a child aged about six years, it would be improper if he does not know the status of the petitioner at all. She pleaded that she required time to get instructions and hence the matter was passed over.
6. Post lunch, when the matter was taken up, Ms.Kokilam represented that the respondent mother is willing to take the child to a public place to enable the child to interact with the father on every Sunday between 4.00 p.m. and 6.00 p.m. Place suggested for meeting the child is "East Hub Mall" near the Airport.
7. Accordingly, the learned Principal District Judge at Chengalpet to dispose of I.A.No.4 of 2024 in G.W.O.P.No.344 of 2023 within a period of twelve weeks from the date of receipt of a copy of this order, the revision is ordered.
8. The agreement between the parties is that the child will be entitled to meet the father at "East Hub Mall", near Airport, Chennai 3/5
on every Sunday between 04.00 p.m. and 06.00 p.m. The undertaking given by Mr.Murugavel that the father will pay the school fees of the child is recorded. Whatever the fees that the mother has already paid should be reimbursed immediately on production of original fee receipt by the mother to the father.
9. The Civil Revision Petition is ordered accordingly. No costs. 19.12.2024 Index:Yes/No mmi To The Principal District Judge, Chengalpet.
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V. LAKSHMINARAYANAN,J.
mmi 19.12.2024 5/5