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2010 Supreme(Mad) 1015

R.BANUMATHI, M.VENUGOPAL
Dr. Nithya Vidyaprakash – Appellant
Versus
B. Suresh Babu – Respondent


Advocates appeared:
For the Appellant :P.V. Balasubramanian for M/s. B.F.S. Legal, Advocates.
For the Respondent:N. Panchaksharamurthy for C.R. Dhasarathan, Advocates.

Judgment :

R.BANUMATHI, J.

The custody of minor child Rahul is the subject matter of dispute in this appeal revisions. Being aggrieved by the order of Family Court in I.A. No. 700 of 2007, the Appellant/mother filed C.M.A. No. 622 of 2010 seeking to set aside visitation rights to the Respondent. The father has filed Revisions in C.R.P. NPD. Nos. 1598 and 1599 of 2009 seeking for custody of minor child Rahul instead of visitation rights. Since common points arise for determination, by consent of both counsels, Appeal and Revisions were heard together and disposed of by this common judgment.

2. Even though main point for consideration is as to what is best for the welfare of minor, to appreciate contentious points raised, it is necessary to briefly refer to the factual matrix and background of number of proceedings, which preceded the Appeal and Revision Petitions. Marriage of Appellant and Respondent was solemnised on 110. 2000 and out of lawful wedlock, male child Rahul was born on 110. 2001. Due to differences between spouses, Appellant-Wife filed H.M.O.P. No. 695 of 2004 seeking for divorce and Respondent/husband filed application G.W.O.P. No. 1 of 2005 seeking for custody of chi



































































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