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Madras High CourtA/9767/2019closed

N.Sudnar v. K.Sridevi Maragatham,

2022-09-13Honourable Mr Justice Krishnan Ramasamy4 pages

A.No.9767 of 2019 in OP.No.964 of 2017 KRISHNAN RAMASAMY, J., This matter is listed today under the caption ''for being mentioned'' at the instance of the respondent/mother.

2.The learned counsel appearing for the respondent/mother would submit that on an earlier occasion, i.e. on 01.09.2022, though it was brought to the notice of this Court that apart from the fact that the applicant/husband has been behaving indifferently with the respondent/wife, but also holding the hands of the child very tightly and thereby obstructing the free movement of the child, but this was not recorded in the order, dated 01.09.2022 passed by this Court. Therefore, the learned counsel for the respondent/mother sought for including necessary observation and direction to the applicant/father to behave smoothly with the child without holding the hands of the child tightly 1/4

and without causing any harm to the child.

3. Considering the submission now made by the learned counsel for the respondent/mother, this Court is inclined to add the following as para 5 in the order dated 01.09.2022:

''5. It is also brought to the notice of this Court that the applicant/father is also behaving indifferently even with the child since he used to hold the hands of the child very tightly and causing much inconvenience and harm to the child and also obstructing free movement of the child. Therefore, the applicant/father is directed not to hold the child's hands tightly and handle the child affectionately and smoothly without causing any inconvenience to him and allow the child to move freely." 4.The learned counsel further submitted that although the Original Petition was closed as early as on 23.04.2018, however, in the event of any modification is required, this Court has granted liberty. The said observation may also be recorded.

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5. Considering the same, the Registry is directed to incorporate the following as para 6 in the order, dated 01.09.2022: ''Since the Original Petition has already been closed as early as on 23.04.2018, the parties are at liberty to approach this Court in the event if there is any modification is required''.

6. After incorporating the above paragraphs in the order, dated 01.09.2022 and numbering existing paragraphs 5 and 6 as paragraphs 7 and 8, Registry is directed to issue a fresh copy of the order to the parties concerned.

dn 13.09.2022 3/4

KRISHNAN RAMASAMY, J., dn A.No.9767 of 2019 in OP.No.964 of 2017 13.09.2022 4/4