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2005 Supreme(Mad) 1591

R.BANUMATHI
K. S. Venkat Raja – Appellant
Versus
A. B. Chitra – Respondent


Advocates Appeared:
Mr. R. Viduthalai, Senior Counsel for Mr. S.C. Herold Singh, Advocate for Petitioner. Mr. A. Sivaji, Advocate for Respondent.

Judgment :

1. This Petition is filed to permit the Petitioner to have visitation tights in respect of Minor Child-Smrti in terms of the order passed by this Court in C.R.P. Nos. 399 and 400 of 2004 (on 31.1.2005).

2. The Minor Child-Smrti, aged about eight years has become victim of the marital discord between the Husband and the Wife. C.R.P. Nos. 399 and 400 of 2004 and number of other Revision Petitions in C.R.P. Nos. 2087 of 2002, 1248 of 2003, 2725 of 2003 and the proceedings in I.A. No. 82 of 2003 in H.M.O.P. No. 29 of 2002 ere all pertaining to the visitation rights claimed by the Petitioner/Father.

3. For proper appreciation of the contentious points urged, we may briefly refer to the facts and the litigation between the parties. The Respondent/Wife has filed H.M.O.P. No. 29 of 2002 - Petition for Divorce on the ground of Cruelty under Section 13(1)(i-a) of the Hindu Marriage Act on the file of Sub-Court, Srivilliputhur. The said H.M.O.P. No. 29 of 2002 was allowed granting Divorce between the Parties. As against the order of Divorce in H.M.O.P. No. 29 of 2002, the Petitioner/Husband has preferred H.M.C.M.A. No. 13 of 2003 on the file of District Court, Srivilliputhur. The























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