Madras High CourtCMP(MD)/3541/2017allowed

Mr.Ashok @ Sankaranarayanan v. Mrs.Rajeswari

2017-04-20Honourable Mr Justice R. Subramanian2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twentieth day of April Two Thousand Seventeen PRESENT THE HON`BLE MR.JUSTICE R.SUBRAMANIAN CMP(MD) No.3541 of 2017 IN CMA(MD) No.1468 of 2011 MR.ASHOK @ SANKARANARAYANAN ... PETITIONER / RESPONDENT Vs MRS.RAJESWARI ... RESPONDENT / APPELLANT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to direct the respondent to hand over custody of minor child Arjun Sriram to the petitioner from 01/05/2017 to 31/05/2017 in additiona to the Order Dated 24/06/2014 passed in MP.No.2 of 2013 in this CMA.No.1468 of 2011.

Prayer in CMA(MD). 1468/ 2011 :

To set aside the judgment and decretal order dated 16.08.2011 in G.W.O.P.No. 85/2009 on the file of Principal District Judge, Tuticorin and thus render justice.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.B.RAJESH SARAVANAN, Advocate for the petitioner and of MR.T.LAJAPATHI ROY on behalf of the Respondent the court made the following order:- The father of the minor child seeks custody of the minor child during summer vacation i.e., from 01.05.2017 to 31.05.2017, in addition to the limited custody granted by an order dated 24.06.2014 made in MP(MD) NO:2 of 2013 in the above appeal. 2.The appeal itself against the order of the Principal District Court, Tuticorin wherein the custody of the minor child Arjun Sriram was directed to be handed over to the petitioner herein. 3.The petitioner had filed MP(MD) NO:2 of 2013 seeking similar custody during the month of May. The same has been allowed by this court, by an order dated 24.06.2014. Similarly, in the year 2016, an order was passed in CMP(MD) NO:3116 of 2016 directing the appellantwife to hand over the minor child with his father between 01.05.2016 and 31.05.2016.

https://hcservices.ecourts.gov.in/hcservices/ 4.In the light of the above orders, there shall be a direction to the appellant-wife to hand over the child to his father from 01.05.2017 to 31.05.2017. The petitioner herein is directed to go to

the house of the respondent's-wife on 01.05.2017 at 9.00 a.m. and take the minor child and he shall hand over the child to the respondent-wife at her house at 11.00 a.m., on 31.05.2017. sd/- 20/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DISTRICT JUDGE, THOOTHUKUDI.

+1. C.C. to M/S.B.RAJESH SARAVANAN Advocate SR.No.20729

ORDER

IN CMP(MD) No.3541 of 2017 IN CMA(MD) No.1468 of 2011 Date :20/04/2017 SVA/BS/26.04.2017/SAR3/2P/3C https://hcservices.ecourts.gov.in/hcservices/