Allowed

C.K.Sumeeth Kumar v. J.Preetha

Madras HC9 Nov 2021A/3679/2021

Case brief

AI extract

What is this about?

The court disposed of an application seeking correction to an earlier order which erroneously stated that visitation rights were granted to the applicant. The court directed the deletion of the erroneous paragraph and awarded a timeframe for recording evidence by the Additional Master-III before deciding on visitation rights.

What did the court decide?

Paragraph No.5 of the earlier order was deleted; Additional Master-III directed to record evidence within two months.

C.K.Sumeeth Kumar Vs J.Preetha — Child Custody and Guardianship | Madras HC (2021)

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A.No.3679 of 2021 in O.P.No.669 of 2020

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ABDUL QUDDHOSE, J.

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This application has been filed by the applicant seeking correction

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of the earlier order dated 27.04.2021 passed by this Court in A.No.1329

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of 2021 in O.P.No.669 of 2020.

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According to the applicant, by inadvertence, in the earlier order dated 27.04.2021 in A.No.1329 of 2021, the learned Judge has incorporated the following relief in paragraph No.5.

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"5. It is found that some visitation right had been granted to the petitioner to see the minor child by the order of this Court dated 16.02.2021. The above said arrangement shall continue until further orders."

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Admittedly, no visitation rights was granted to the applicant

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on 16.02.2021 as observed in paragraph No.5 of the earlier order dated

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27.04.2021 passed in A.No.1329 of 2021.

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https://www.mhc.tn.gov.in/judis/

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4. Learned counsel for the respondent also submits that no such

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visitation rights as mentioned in paragraph No.5 of the earlier order dated

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27.04.2021 passed in A.No.1329 of 2021 was granted in favour of the
applicant.
5. Since visitation rights was not granted to the applicant on
16.02.2021, paragraph No.5 of the earlier order referred to supra, is
removed / deleted.
6. Office is directed to issue a fresh order copy dated
27.04.2021 passed in A.No.1329 of 2021 by deleting / removing the
paragraph No.5 to the respective learned counsels.

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In terms with the above direction, this application is
disposed of.

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Post the original petition before the learned Additional Master-III for recording of evidence on 03.12.2021. The learned

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https://www.mhc.tn.gov.in/judis/

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Additional Master-III is directed to complete recording of evidence within a period of two months thereafter. After recording of the evidence, the learned Additional Master-III is directed to post the matter before this Court.

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Regarding the visitation rights sought for by the applicant, it
can be decided by this Court, after completing recording of evidence
before the learned Additional Master-III.
09.11.2021
srn

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https://www.mhc.tn.gov.in/judis/

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ABDUL QUDDHOSE, J.

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srn

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A.No.3679 of 2021
in
O.P.No.669 of 2020
09.11.2021

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https://www.mhc.tn.gov.in/judis/

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C.K.Sumeeth Kumar v. J.Preetha

Case brief

What is this about?

What did the court decide?

C.K.Sumeeth Kumar v. J.Preetha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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