Madras High CourtCMA(MD)/12/2019disposed of

D.Shenbaga Gurunathan v. P.Sivasankari

2020-09-25Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Friday, the Twenty Fifth day of September Two Thousand and Twenty PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CMA(MD). No.12 of 2019 D.SHENBAGA GURUNATHAN ... Appellant / Petitioner .Vs.

P.SIVASANKARI ...

Respondent / Respondent Prayer:-Civil Miscellaneous Appeal filed under Section 47 of Guardians and Wards Act, 1980 to allow this appeal by setting aside the order and decree dated 01.11.2018 made in G.W.O.P. No.134 of 2016 passed by the learned IV Additional District Judge, Tirunelveli.

DECREE:-This Civil Miscellaneous Appeal having come up for final hearing on this date, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of MR.S.RAMASAMY, Advocate for the Appellant and of MR.R.J.KARTHICK, Advocate for the respondent, while disposing the Appeal, this Court doth order and decree as follows:-

(1) That the order and decree dated 01.11.2018 made in G.W.O.P. No.134 of 2016 passed by the IV Additional District Judge, Tirunelveli regarding visitation right and temporary custody of child also is upheld and disposing off the Appeal;

(2) That the temporary custody of minor child and visitation right will be suspended for a period of one year;

(3) That the Appellant is entitled to exercise visitation right by requesting the repondent / mother to bring the minor child to Sankaranayarana Swamy Temple at Sankarankovil or any place which is nearby, particularly, the private lodge which is owned by the relatives of parties in any sundays for three hours between 10.00 a.m. and 1.00 p.m. during the period of one year;

(4) That the appellant/husband is at liberty to seek modification of the order regarding temporary custody and visitation right after one year; and

(5) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-II) // True Copy // https://hcservices.ecourts.gov.in/hcservices/ / /2020 Sub Assistant Registrar(CS)

TO The IV Additional District Judge, Tirunelveli.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies ORDER DATED : 25/09/2020 ========================== DECREE ========================== CMA(MD). No.12 of 2019 Nature of Decree:- Disposing the Civil Miscellaneous Appeal preferred against the judgment and decree of the dated 01.11.2018 made in G.W.O.P.

No.134 of 2016 passed by the learned IV Additional District Judge, Tirunelveli and etc., stated therein.

VB (06.10.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/