← Library
Madras High CourtCRP(MD)/1203/2017partly allowed

Saravanapriya v. V. Anandaganesan

2022-03-18Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P(MD)No.1203 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2022

CORAM

THE HON'BLE MRS.JUSTICE S.ANANTHI C.R.P(MD)No.1203 of 2017 and C.M.P(MD)No.5685 of 2017 Saravanapriya ...Revision Petitioner/Petitioner/Respondent Vs.

V.Anandaganesan

...Respondent/Respondent/Petitioner

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records relating to the impugned fair and decreetal order dated 28.04.2017 in I.A.No.3 of 2016 in GWOP.No.5 of 2016 on the file of the Principal District Court, Theni and set aside the same and allow this Civil Revision Petition.

For Petitioner : Mr.K.Appadurai For Respondent : No Appearance

ORDER

The Civil Revision Petition has been filed to set aside the order and fair order dated 28.04.2017 in I.A.No.3 of 2016 in GWOP.No.5 of 2016 on the file of the learned Principal District Judge, Theni.

2.I.A.No.3 of 2016 was filed by the respondent/husband under Sections 7(1)(a), 8 & 12 of Guardians & Wards Act 1980 for visitation rights, which was allowed by the learned Principal District Judge, Theni and directed the revision petitioner/wife to produce the child before the All Women Police Station, Theni on first and third Sunday from 10.00 a.m to 4.00 p.m. Aggrieved by the said order the revision petitioner has filed this Civil Revision Petition.

3.The learned counsel for the revision petitioner has contended that since the respondent/husband contracted second marriage, the visitation rights granted by the learned Principal District Judge, Theni, to the respondent may affect the mental health of the child. Therefore, he prays this Court to dismiss the visitation rights order.

4.It is not disputed that the respondent/husband is the father of the child. Though the respondent/husband married another woman, the bond of father and son will go away. Therefore, the order granted by the learned Principal District Judge, Theni is hereby https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD)No.1203 of 2017 modified to that extent that the revision petitioner/wife shall produce the child before the Inspector of Police, All Women Police Station, Theni on first Sunday from 9.00 a.m to 5.00 p.m. and the respondent/husband can visit his child at the aforesaid time. 5.With the above modification, this Civil Revision Petition is partly allowed. No costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Records) // 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 1.The Principal District Judge, Theni.

2.The Inspector of Police, All Women Police Station, Theni COPY TO:- The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) +1 CC to M/s.K.APPADURAI, Advocate ( SR-12917[F] dated 18/03/2022 ) Order made in C.R.P(MD)No.1203 of 2017 and C.M.P(MD)No.5685 of 2017 Dated:

18.03.2022 ss(CO) GC(04.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2