2021 Supreme(Online)(MAD) 7123
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.02.2021 CORAM THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN C.R.P.(PD).No.3488 of 2017 and C.M.P.No.16231 of 2017 M.Sailesh Kumar ... Petitioner Vs.
Suchitra ... Respondent Prayer :- Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decretal order dated 11.07.2017 by the learned III Additional Family Court Judge at Chennai in I.A.No.2674 of 2016 in O.P.No.4726 of 2015.
For Petitioner : Mr.M.Preaveen Kumar For Respondent : Mr.A.P.Surya Prakasam.
ORDER
This Civil Revision Petition is directed as against the fair and decretal order dated 11.07.2017 by the learned III Additional Family Court Judge at Chennai in I.A.No.2674 of 2016 in O.P.No.4726 of 2015, thereby granting visitation right of the minor daughter of the petitioner herein on second and fourth Saturday of every month at Child Centre, Family Court Premises, Chennai, between 10.00 a.m., to 12.30 p.m.
2. The petitioner is the husband and the respondent is the wife.
The respondent filed divorce petition on the ground of cruelty in O.P.No.4726 of 2015 as against the petitioner herein. In the said divorce petition, the respondent sought for custody of her minor child. Thereafter the petitioner also filed divorce petition on the ground of adultery in O.P.No.755 of 2017. He also filed petition in O.P.No.832 of 2017 for custody of his minor child viz.,Samanvitha.
3. While being so, the petitioner filed petition in I.A.No.2674 of
2016 for temporary interim custody of his minor daughter in the divorce petition filed by the respondent herein. The petitioner leveled allegation as against the respondent as adultery, as such the child being a female, her life will be spoiled, if she allowed to live with the respondent herein. However, the Court below ordered visitation right to the petitioner on second and fourth Saturday. Therefore, the petitioner filed this revision petition.
4. Now the minor girl is aged about 15 years. The petitioner is her father and he has right to visit her daughter. Considering the above facts and circumstances, the order passed by the Court below is modified as under :-
(i) The petitioner is entitled to have visitation right to her minor daughter viz., Samanvitha on every Saturday at Child Centre, Family Court, Chennai, between 10.am to 12. am., pending disposal of the main petition.
(iii) Due to Covid-19 pandemic situation, if not possible for the respondent to bring her daughter to the Child Centre, Family Court, Chennai, it is open to the parties to decide the common place for visitation of the minor child by the petitioner.
(ii) The trial Court is directed to complete the trial and dispose of the divorce petition filed by the respondent as well as the petitioner in O.P.Nos.4726 of 2015 & 755 of 2017 along with the O.P.No.832 of 2017 within a period of six months from the date of receipt of copy of this Order.
5. With the above directions, the Civil Revision Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
18.02.2021 Internet : Yes Index : Yes/No Speaking order/Non-speaking order rts To
1. The III Additional Family Court Judge, Chennai.
2. The Section Officer, V.R. Section, Madras High Court, Chennai.
G.K.ILANTHIRAIYAN, J.
rts and C.M.P.No.16231 of 2017
18.02.2021