Madras High CourtCRP(MD)/1046/2020disposed of

Meyammai@Nithya v. Shanmugaraja@Dass Prakash

2020-12-14Honourable Mr Justice N. Seshasayee2 pages

C.R.P.(MD)No.1046 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N.SESHASAYEE C.R.P.(MD)No.1046 of 2020 Meyammal @ Nithya ... Petitioner/Petitioner/Petitioner -VsShanmugaraja @ Dass Prakash .. Respondent/Respondent/Respondent Prayer: Civil Revision Petitions are filed under Article 227 of the Constitution of India, to expedite the petition for interim custody in I.A.No.798 of 2019 in H.M.O.P.No.729 of 2019 on the file of the Family Court, Madurai.

For Petitioner : Mr.J.Barathan

O R D E R

The revision petitioner herein is the petitioner in H.M.O.P.No.729 of 2019 which is pending on the file of the Family Court, Madurai. She seeks dissolution of her marriage with the respondent. In this case, the revision petitioner has filed I.A.No.798 of 2019 for custody of her children aged about 11 years and 8 years.

2. The learned counsel for the revision petitioner submitted that the children were in the custody of the revision petitioner, that her husband is working abroad, in Malaysia, that for Pongal, paternal grand parents of the children wanted to have the children with them and hence the revision petitioner accommodated such request and ever since they are refusing to part with the children.

3. Without getting into the merits of the dispute, this Court only requires the Family Judge to dispose of I.A.No.798 of 2019 in H.M.O.P.No.729 of 2019 on the file of the Family Court, Madurai on or before 28.02.2021. Since the children are reasonably grown-up, the Family Court Judge is also directed to interview the children and enquire about their preferences and options. https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(MD)No.1046 of 2020

4. With the above directions, this civil revision petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) CM To The Judge, Family Court, Madurai.

+1 cc to Mr.T.R.Jeyapalam , Advocate SR.No.25593 C.R.P.(MD)No.1046 of 2020 14.12.2020 KM (06.01.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2