Madras High CourtCRP(MD)/1346/2021dismissed

B.Asha v. S.Rajavel

2022-03-21Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P(MD).No.1346 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON 10.03.2022 DELIVERED ON 21.03.2022

CORAM:

THE HONOURABLE MRS. JUSTICE S.ANANTHI C.R.P(MD).No.1346 of 2021 B.Asha ... Petitioner/ Petitioner Vs.

S.Rajavel

...Respondent/Respondent

PRAYER : This Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order of visitation right dated 15.04.2021 passed in I.A.No.86 of 2018 in G.W.O.P.No.5 of 2018 by allowing the revision petitioner and issue an appropriate order of visitation right to the petitioner to visit her minor son R.Sridharshan in the public place on every Sunday from 10.00 a.m. to 7.00 p.m.

For Petitioner : Mr.R.Maheswaran For Respondent : Mr.Mariappan

O R D E R

This Civil Revision Petition has been filed to set aside the order 15.04.2021 made in I.A.No.86 of 2018 in G.W.O.P.No.5 of 2018 on the file of the learned Additional District Judge, Virudhunagar. 2.The said I.A.No.86 of 2018 in G.W.O.P.No.5 of 2018 was filed by the revision petitioner to see his son on every Sunday from 10.00 a.m. to 7.00 p.m. in a common place, which was dismissed by the learned Additional District Judge, Virudhunagar on the ground that the child did not want to go with his mother by considering the mentality of the child. Aggrieved by the said order, the revision petitioner has filed this Civil Revision Petition. 3.Today when the matter is came up on hearing, both parties with their son are present before this Court and after enquiry the child adamantly did not want to go with his mother.

For taking care of the child's mental and physical behaviour, it is not good to compel the child to go with his mother for every week. So the learned Additional District Judge, Virudhunagar has rightly dismissed I.A.No.86 of 2018. This Court finds no valid reason to interfere with the order of the Court below.

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C.R.P(MD).No.1346 of 2021 4.In view of the above, this Civil Revision Petition is dismissed and the order, dated 15.04.2021 made in I.A.No.86 of 2018 in GWOP.No.5 of 2018 passed by the learned Additional District Judge, Virudhunagar, is hereby confirmed. Being the mother of the child, if she wants to see her child, she can see the child in a public place without disturbing the child on her own. No costs. Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) vsd Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To The Additional District Judge, Virudhunagar.

+1 CC to M/s.G.MARIAPPAN, Advocate ( SR-13251[F] dated 21/03/2022 ) +1 CC to M/s.R.MAHESWARAN, Advocate ( SR-13349[F] dated 22/03/2022 ) Order made in C.R.P(MD).No.1346 of 2021 21.03.2022 SB(CO) TR(30.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2