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Madras High CourtCRP(MD)/153/2022dismissed

Manikandan v. Sugunadevi

2023-06-19Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN Manikandan .. Petitioner

Versus

Sugunadevi .. Respondent Prayer :- Petition filed under Section 115 of C.P.C., to call for the records of the fair and executable order in I.A.No.6 of 2021 in H.M.O.P.No.50 of 2021, dated 22.10.2021, on the file of the learned Judge, Family Court, Tirunelveli and to modify the same by permitting the petitioner to visit his son Minor.Sutharshan on every Sunday and allow this Civil Revision Petition. For Petitioner :

Mr.A.Haja Mohideen For Respondent :

Mr.N.Adithyavijayalayan

ORDER

This Civil Revision Petition has been filed by the petitioner, who is the husband of the respondent, to modify the fair and executable order dated 22.10.2021, passed in I.A.No.6 of 2021 in H.M.O.P.No.50 of 2021, on the file of the Family Court, Tirunelveli, by permitting him to visit his son Minor.Sutharshan on every Sunday.

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2.The above said I.A. was filed by the petitioner for interim direction to hand over his minor child to him for specific period or to grant visitation rights to him for visiting his son. The Court below after considering the arguments, has allowed the application with the following observation:- ''Visitation right granted to the petitioner and the petitioner is entitled to visit the minor child during first Sunday of every month between 10.00 A.M. To 5.00 P.M. at a public place, convenient and agreeable to both parties.''

3.Curiously, the petitioner has filed this Civil Revision Petition by challenging the fair and executable order, dated 22.10.2021, which has been passed in his favour, perhaps to drag on the proceedings, as he has not paid the interim maintenance ordered in I.A.No.4 of 2021 in H.M.O.P.No.50 of 2021 on 22.10.2021, whereby the Court below has directed the petitioner to pay a sum of Rs.5,000/- per month each to the respondent and the minor child towards interim maintenance. There is no merit in the present Civil Revision Petition and the same is liable to be dismissed. Accordingly, it is dismissed. No costs.

NCC : Yes/No Index : Yes/No 19.06.2023 Internet : Yes/No smn2 2/4

To The Judge, Family Court, Tirunelveli.

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C.SARAVANAN, J.

smn2 Order made in 19.06.2023 4/4