S.Afroze Banu v. H.Syed Yahya
Case brief
What is this about?
Single judge modified an ex parte order granting visitation rights to the respondent father in a child custody dispute by specifying fixed Sundays, times, and public locations to prevent harassment.
What did the court decide?
Modification of impugned order to fix visitation every Sunday between 4:00 pm and 6:00 pm at Express Avenue mall, Royapettah, with prohibition on other timings or calls.
What the court decided
A compact analysis
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.
C.R.P.(PD) No.2974 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.11.2019
CORAM:
THE HONOURABLE Mr. JUSTICE R. SURESH KUMAR
C.R.P.(PD) No.2974 of 2019
and C.M.P.No.19185 of 2019
S.Afroze Banu ... Petitioner
Vs.
H.Syed Yahya ... Respondent
Prayer : Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 19.3.2019 passed in I.A.No.6335 of 2018 in O.S.No.165 of 2018 by the V Additional Family Court, Chennai.
For Petitioner : Ms.S.Thamizharasi
For Respondent : Mr.K.A.Mariappan
O R D E R
This revision petition has been filed against the fair and decreetal order passed in I.A.No.6335 of 2018 in O.S.No.165 of 2018 on the file of the V Additional Family Court, Chennai, by order dated 19.3.2019.
2.Before the Trial Court, the respondent in this revision petition, who is
Issues for consideration
2 issues framed by the court
Whether visitation rights granted to the husband in ex parte order require time and place specifications to prevent misuse.
Whether Article 227 of the Constitution empowers the High Court to modify the lower court's order on visitation to fix specific timings and locations.
Parties & counsel
- petitioner
S.Afroze Banu
- respondent
H.Syed Yahya
Coram
R.SURESH KUMAR
Case details
As recorded by the court registry
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