In this civil revision petition, the petitioner challenged a Family Court order granting him visitation rights to his minor son. The High Court dismissed the petition, observing that the petitioner filed the revision to drag proceedings after failing to pay interim maintenance.
The civil revision petition is dismissed. No costs awarded.
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.(MD)No.153 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.06.2023
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
C.R.P.(MD)No.153 of 2022
Manikandan
.. Petitioner
Versus
Sugunadevi .. Respondent
Prayer :- Petition filed under Section 115 of C.P.C., to call for the records of the fair and executable order in I.A.No.6 of 2021 in H.M.O.P.No.50 of 2021, dated 22.10.2021, on the file of the learned Judge, Family Court, Tirunelveli and to modify the same by permitting the petitioner to visit his son Minor.Sutharshan on every Sunday and allow this Civil Revision Petition.
For Petitioner : Mr.A.Haja Mohideen For Respondent : Mr.N.Adithyavijayalayan
ORDER
This Civil Revision Petition has been filed by the petitioner, who is the husband of the respondent, to modify the fair and executable order dated 22.10.2021, passed in I.A.No.6 of 2021 in H.M.O.P.No.50 of 2021, on the file of the Family Court, Tirunelveli, by permitting him to visit his son Minor.Sutharshan on every Sunday.
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C.R.P.(MD)No.153 of 2022
2.The above said I.A. was filed by the petitioner for interim direction to hand
over his minor child to him for specific period or to grant visitation rights to him for visiting his son. The Court below after considering the arguments, has allowed the application with the following observation:-
''Visitation right granted to the petitioner and the petitioner is entitled to visit the minor child during first Sunday of every month between 10.00 A.M. To 5.00 P.M. at a public place, convenient and agreeable to both parties.''
3.Curiously, the petitioner has filed this Civil Revision Petition by challenging the fair and executable order, dated 22.10.2021, which has been passed in his favour, perhaps to drag on the proceedings, as he has not paid the interim maintenance ordered in I.A.No.4 of 2021 in H.M.O.P.No.50 of 2021 on 22.10.2021, whereby the Court below has directed the petitioner to pay a sum of Rs.5,000/- per month each to the respondent and the minor child towards interim maintenance. There is no merit in the present Civil Revision Petition and the same is liable to be dismissed. Accordingly, it is dismissed. No costs.
NCC : Yes/No Index : Yes/No 19.06.2023 Internet : Yes/No smn2
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C.R.P.(MD)No.153 of 2022
To
The Judge, Family Court, Tirunelveli.
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C.R.P.(MD)No.153 of 2022
C.SARAVANAN, J.
smn2
Order made in C.R.P.(MD)No.153 of 2022
19.06.2023
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2 issues framed by the court
Whether the petitioner, who sought a Civil Revision Petition to modify a favorable order granting him visitation rights, had merit in challenging the order.
Whether the petitioner's failure to pay interim maintenance justified dismissing his request to revise an order granting him visitation rights to his minor child.
1 provisions across 1 enactments
Manikandan
Sugunadevi
C. Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
