Allowed

Saranya v. N.Diviya Kumar

Madras HC30 Jul 2020CRP/1778/2019

Case brief

AI extract

What is this about?

This order allowed a Civil Revision Petition quashing an order granting visitation rights without an opportunity to file a counter affidavit. The High Court directed the lower court to receive the counter affidavit and dispose of the Hindu Marriage Opposite Party matter on merits, while permitting supervised online visits pending disposal.

What did the court decide?

Order dated 11.04.2019 set aside; lower court directed to receive counter affidavit and dispose of HMOP on merits; supervised online visitation granted to father pending disposal.

Saranya Vs N.Diviya Kumar — Child Custody and Guardianship | Madras HC (2020)

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CRP (PD) NO.1778 OF 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 30.07.2020

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C O R A M

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THE HONOURABLE MR.JUSTICE M. GOVINDARAJ

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CRP (PD) NO.1778 OF 2019
AND CMP NO.11537 OF 2019
Saranya ... Petitioner
Vs.
N.Diviya Kumar ... Respondent

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PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 11.04.2019 in I.A.No.1587 of 2018 in H.M.O.P.No.324 of 2018 on the file of the Subordinate Judge at Kancheepuram.

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For Petitioner : Mr.S.Raveekumar For Respondent : Mr.P.Mani

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http://www.judis.nic.in

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CRP (PD) NO.1778 OF 2019

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O R D E R

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This Civil Revision Petition is directed against the order dated

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11.04.2019 passed in I.A.No.1587 of 2018 in HMOP No.324 of 2018 by the learned Subordinate Judge, Kancheepuram.

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The learned Subordinate Judge, Kancheepuram has passed an

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order granting visitation rights in favour of the father of the minor child /

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respondent herein on the ground that the mother/petitioner herein has not filed counter affidavit.

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In order to provide an opportunity to the petitioner / mother of the child, for filing counter affidavit, the order dated 11.04.2019 passed in I.A.No.1587 of 2018 in HMOP No.324 of 2018 is set aside and the learned

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Subordinate Judge, Kancheepuram is directed to receive the counter affidavit to be filed by the mother / petitioner herein, and pass orders, on merits and in accordance with law. The learned Subordinate Judge, Kancheepuram is further directed to dispose of HMOP No.324 of 2018 at the earliest.

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Till the disposal of the petition, the child should be shown to

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http://www.judis.nic.in

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CRP (PD) NO.1778 OF 2019

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the father online every second and fourth Sundays and the petitioner shall facilitate personal interaction between them without interruption as much as possible.

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The Civil Revision Petition is disposed of with the above
direction. No costs. Consequently, connected civil miscellaneous petition is
closed.
30.07.2020
TK
To
The Subordinate Judge
Subordinate Court
Kancheepuram.

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http://www.judis.nic.in

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CRP (PD) NO.1778 OF 2019

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M.GOVINDARAJ, J.

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CRP (PD) NO.1778 OF 2019

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30.07.2020

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http://www.judis.nic.in

Saranya v. N.Diviya Kumar

Case brief

What is this about?

What did the court decide?

Saranya v. N.Diviya Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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