L.Lalitha Shree v. L.Ram Karthick

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06.12.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA and C.M.P.(MD)No.17389 of 2024 L.Lalitha Shree ... Appellant / Respondent Vs.

L.Ram Kartick ... Respondent / Petitioner PRAYER: Civil Miscellaneous Appeal filed under Section 19 of Family Courts Act, to allow this appeal by setting aside the fair and decreetal order dated 15.07.2024 in I.A.No.4 of 2024 in H.M.O.P.No.672 of 2023 on the file of the Family Court, Madurai.

For Appellant : Mr.C.M.Mari Chelliah Prabhu 1/4

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard the learned counsel for the appellant.

2.The appellant is the wife of the respondent. The respondent filed H.M.O.P.No.672 of 2023 on the file of the Family Court, Madurai seeking restitution of conjugal rights under Section 9 of the Hindu Marriage Act. He also filed I.A.No.4 of 2024 seeking visitation rights. The court below vide order 15.07.2024 granted visitation rights in favour of the respondent. The respondent was permitted to see the child four times in a month. The child was to be handed over to the father at 10.00 am and the respondent was directed to hand over the child at 12.00 noon. The premises of the Meenakshi Temple is where the father and the child have been permitted to meet. We fail to understand as to how such an order can be said to be unreasonable. Unless there are exceptional circumstances, no father can be denied visitation rights over his child. We do not find any ground to interfere. The civil miscellaneous appeal is 2/4

dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.S., J.) (R.P., J.) 06.12.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi To The Family Court Judge, Madurai.

3/4

G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

rmi C.M.A.(MD) No.1629 of 2024 06.12.2024 4/4