In a civil revision petition challenging a Family Court order granting visitation rights to the respondent, the Madurai Bench held that the fixed time schedule was reasonable and dismissed the petition seeking modification.
The petition seeking modification of visitation rights was dismissed as the existing order was found reasonable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Friday, the Sixteenth day of June Two Thousand and Seventeen
PRESENT
The Hon`ble Dr.Justice G.JAYACHANDRAN
CMP(MD) No.2139 of 2017 IN CRP(MD) No.1148 of 2016
S.THANGAM ... PETITIONER
Vs
P.NALLAMUTHU ... RESPONDENT
Prayer in CMP(MD) No.2139 of 2017:
Petition filed under Section 151 of C.P.C., to modify that the order passed in the above CRP(MD)No.1148/2016 dated 19.09.2016, that to permit the respondent to see the Petitioner's minor son from 10.00 a.m. to 12.30 p.m on the first week of Sunday, every month, instead of 10.00.a.m. to 12.30 p.m. every Sunday before the Meenakshi Amman Temple, Madurai and allow the same.
Prayer in CRP(MD). 1148/ 2016 :
This Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in IA.No.128/2016 in HMOP.No.40/2015 on the file of the Family Court, Madurai dated 18.04.2016 and allow the Civil Revision Petition and thus render justice.
ORDER : This petition coming on for hearing on this day, upon perusing the petition and affidavit, and material papers of this petition, and upon hearing the arguments of Mr.T.C.S.THILLANAYAGAM, Advocate for the petitioner and of Mr.R.DEVARAJ, Advocate for the Respondent, this court made the following order:-
Visitation rights granted in the order dated 19.09.2016, in CRP(MD)No.1148/2016, to the respondent to meet the child every Sunday between 10.00.a.m and 12.30 p.m. is reasonable and it requires no modification and the petition is dismissed.
Sd/Assistant Registrar (CS-III) /True Copy/
Sub Assistant Registrar
TO
THE JUDGE, FAMILY COURT, MADURAI.
DATED : 16/06/2017
ORDER
CMP(MD) No.2139 of 2017 IN CRP(MD) No.1148 of 2016
TE/KKR/SAR-I : 29/06/2017 : 2P/4C
2 issues framed by the court
Whether the visitation rights granted to the respondent to meet the minor son between 10:00 a.m. and 12:30 p.m. on the first week of every Sunday require modification.
Whether Section 151 of the CPC applies to permit modification of the custody order.
2 provisions across 2 enactments
S.THANGAM
P.NALLAMUTHU
G.JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
