SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2015 Supreme(Mad) 3496

IN THE HIGH COURT OF MADRAS
S. Manikumar, J.
V. Vinod Kumar – Appellant
Vs.
V. Arunadevi – Respondents
Criminal Revision Petition Nos. 34 and 43 of 2015
Decided On : 30-11-2015

Advocates:
Advocate Appeared:
For the Appellant : B. Vivekavanan
For the Respondents: S. Sridevi

Headnote:

Domestic Violence Act ,2005 - Section 21 - Hindu Marriage Act, 1955 - Section 13(1)(ia) - Claim for interim custody - Aware of divorce - Petition filed by husband/father of minor child and his mother under Section 15 of Protection of Women from Domestic Violence Act, 2005 to provide assistance of Medical and Welfare Experts to wife/mother and to evaluate/assess her mental ability and attitude to contest proceedings before learned Judicial Magistrate has been dismissed - In both revision petitions parties, pleadings and materials on record are one and same and therefore they are taken up together and disposed of by a common order – Held, In light of above discussion and decisions Criminal Revision Petitions are dismissed – Consequently petitioners are directed to give custody of minor child to wife/mother within a period of days from today in family Court - After the pronouncement of these orders learned counsel for respondent/mother/wife submitted that her client has no objection for husband/father to have visitation rights of minor on Saturdays and Sundays (both days inclusive) between to take her to fathers residence or to any other place of his choice - Husband/father shall return custody of child at duly - Submission is placed on record - Father/husband shall take child from residence of mother who shall not raise any objections – Order Accordingly

ORDER :

S. Manikumar, J.

1. Crl.R.C. No. 34 of 2015, is against the order, dated 08.01.2015, C.M.P. No. 1291 of 2014 in D.V. No. 7 of 2014, on the file of the learned Judicial Magistrate, Ambattur, by which, the petition filed by wife/mother, under Section 21 of the Domestic Violence Act, to grant interim custody of the minor child, Sanjana to her, till the disposal of the main petition, has been allowed.

2. Crl.R.C. No. 43 of 2015, is against the order, dated 02.12.2014, C.M.P. No. 2717 of 2014 in D.V. No. 7 of 2014, on the file of the learned Judicial Magistrate, Ambattur, by which, the petition filed by Mr. V. Vinod Kumar, husband/father of the minor child, Sanjana and his mother, Mrs. Shanthi, under Section 15 of the Protection of Women from Domestic Violence Act, 2005, to provide assistance of Medical and Welfare Experts to the wife/mother and to evaluate/assess her mental ability and attitude to contest the proceedings before the learned Judicial Magistrate, Ambattur, has been dismissed.

3. In both the revision petitions, the parties, pleadings and materials on record, are one and the same and therefore, they are taken up together and disposed of by a common order.

4. The averments made in C.M.P. No. 2717 of 2014 in D.V. No. 7 of 2014, are that the wife is suffering from mental illness and taking psychiatric treatment. The wife deserted her husband and child on 20.09.2013 and returned to matrimonial home on 09.10.2013. She picked-up quarrels with her husband, parents-in-law and attacked them also. Parents of the husband took treatment in Government General Hospital, Chennai. In this regard, a complaint has been lodged with the police, for further protection. Wife has not changed her character and attitude and hence, husband/father has filed O.P. No. 3837 of 2013, before the 1st Additional Family Court, Chennai, on 10.10.2013, for divorce, under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

5. Before the learned Judicial Magistrate, Ambattur, in C.M.P. No. 2717 of 2014 in D.V. No. 7 of 2014, it was the further contention of the husband/father that though the wife was aware of the divorce proceedings, pending before the Family Court, she lodged a false complaint before the All Women Police Station, Avadi, only on 19.10.2013. Subsequently, the Police called the husband/father on 20.10.2013 and conducted an enquiry. On 24.10.2013, both the husband/father and wife/mother appeared and due to the aggressive attitude of the wife/mother, Police was unable to conduct further enquiry. When the wife/mother tried to grab the child from the custody of the husband/father, it was prevented with the help of Police.

6. Thereafter, the wife/mother filed a Habeas Corpus Petition No. 2827 of 2013, before this Court and when the same was listed on 13.11.2013, a direction was issued to produce the child on 27.11.2013. On the said date, the child was produced and after hearing both the parties, this Court dismissed the said petition, with liberty to the husband/father to keep the child with him, untill further orders. She was advised to approach proper forum, for custody.

7. Before the learned Judicial Magistrate, Ambattur, husband/father has further contended that even at the time of counselling before the 1st Additional Family Court, at Chennai, the attitude of the wife/mother did not change and she behaved in arrogant and rude manner. In one such session, she slapped the child on the head. She continuously shouted at the husband/father and used filthy language against him. He has further submitted that the wife/mother pulled his shirt and threatened him with dire consequences. Thus, he has pleaded that the mental health of the wife/mother is severely affected. She was taking continuous treatment, which fact, she has deliberately and willfully suppressed before the learned Magistrate. For the abovesaid reasons, the husband/father has filed C.M.P. No. 2717 of 2014 in D.V. No. 7 of 2014, for the relief, as stated supra.

8. Before the learned Judici




















































































































































































































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top