Revision against interim custody order from Chennai High Court. Bench found trial court correct in modifying venue due to relocation. Directed supervised exchange via Family Court Child Care Centre.
Revision dismissed. Order modified to mandate handover at Family Court Child Care Centre, Chennai, on third Saturdays between 10 am and 5 pm.
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.
CRP(MD).No.171 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN
CRP(MD).No.171 of 2020 and CMP(MD).No.1001 of 2020
P.Subashini ... Petitioner
-Vs-
P.Palaniappan ... Respondent
PRAYER: Civil Revision Petition filed under Article 227 of the
Constitution of India against the order and decretal order, dated 18.12.2019 made in I.A.No.261 of 2019 in I.A.No.159 of 2019 in HMOP.No.24 of
2019, on the file of the Additional District Judge, Fast Track Court, Kumbakonam, Thanjavur District.
For Petitioner : Ms. S. Praba For respondent : Mr. J. Parthasarathy
ORDER
CRP(MD).No.171 of 2020
The Revision Petitioner, who is the wife, has filed this revision against the fair and decreetal order, dated 18.12.2019 made in I.A.No.261 of 2019 in I.A.No.159 of 2019 in HMOP.No.24 of 2019, on the file of the Additional District Judge / Fast Track Court, Kumbakonam, Thanjavur District.
CRP(MD).No.171 of 2020
Kumbakonam. Further, the petitioner was directed to show the children to the respondent and his parents on every 4th Saturday of every English Calender month at Athi Kumbaswarar Temple, Kumbakonam and that the respondent and his parents were permitted to take the children by 10.00 p.m. from the above said Temple and keep the children with them till 6.00 pm and hand over to the petitioner by 6.30 p.m., at the same premises. As the petitioner shifted her job to Chennai, the respondent has filed I.A.No. 261 of 2019 in I.A.No.159 of 2019 in HMOP.No.24 of 2019, which came to be allowed by order, dated 18.12.2019. More or less, the same order was passed except the venue changed to Arulmigu Kabalesswarar Temple, Mylapore, at Chennai. Against the aforesaid order, the petitioner has filed the present Civil Revision Petition.
CRP(MD).No.171 of 2020
are no error in the impugned order passed by the Trial Court. The
CRP(MD).No.171 of 2020
petitioner cannot use the children as a pawn to settle personal enmity with the respondent. Therefore, this Civil Revision Petition has to fail and the same is liable to be dismissed.
the above observations. No costs. Consequently, connected Miscellaneous Petition is closed.
that there will not be proper supervision, the Petitioner is directed to produce the children before the the Sheristadhar, O/o. the Principal Family Court, the Child Care Centre attached to the Family Court, Chennai on every third Saturday of every English Calender Month at 10.00 am for being handed over to the respondent. The respondent shall hand over the children to the petitioner promptly at 5.00 p.m., on the same day in the presence of the Sheristadhar, O/o. the Principal Family Court, the Child Care Centre attached to the Family Court, Chennai.
10.03.2023
Index : Yes / No
CRP(MD).No.171 of 2020
Internet : Yes/ No trp
To
The Additional District Judge, Fast Track Court, Kumbakonam, Thanjavur District..
CRP(MD).No.171 of 2020
C.SARAVANAN,J.,
trp
CRP(MD).No.171 of 2020 and CMP(MD).No.1001 of 2020
10.03.2023
3 issues framed by the court
Whether the trial court erred in modifying the custody arrangement to a neutral temple in Chennai due to the petitioner's relocation.
Whether the petitioner is liable for contempt by using the children to settle personal enmity instead of complying with custody orders.
What supervision mechanism will be adopted to ensure safe handover of minor children between parties.
P. Subashini
P. Palaniappan
C. Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
