In this civil revision, the Supreme Court altered the venue for a minor’s birthday function from court premises to a neutral restaurant, appointed an Advocate Commissioner to supervise, and allowed the mother to attend for the child's safety.
Birthday function permitted at a restaurant with appointed Advocate Commissioner and mother’s attendance allowed.
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THE HON’BLE MR. JUSTICE G. KRISHNA MOHAN REDDY CIVIL REVISION PETITION No.5935 of 2012
ORDER:-
This Civil Revision Petition is filed by the petitioner, who is the respondent in O.P.No.507 of 2011, against order, dated 17.10.2012, in I.A.No.701 of 2012 in O.P.No.507 of 2011 on the file of the Judge, Family Court, City Civil Court, Secunderabad.
The petitioner and the respondent are the husband and wife. The respondent herein filed O.P. No.507 of 2011 seeking divorce and to direct the petitioner herein to pay an amount of Rs.10 lakhs towards permanent alimony. In the said O.P. the petitioner herein filed I.A.No.701 of 2012 to permit him to celebrate the birthday of his minor son by name K. Siddhartha on 01.12.2012 at his residence. The respondent herein has opposed the said I.A. and submitted that the petitioner herein may be permitted to celebrate his son’s birthday at the Court premises, but not at his residence with certain limits.
The Court below, after hearing the submissions of both the parties, allowed the I.A. by the impugned order and permitted the petitioner herein to celebrate his minor son’s birthday on 01.12.2012 at the Court premises giving necessary gifts and to spend a couple of hours with him i.e., from 10.30 a.m. onwards. Aggrieved by the said order, the petitioner herein filed the present Civil Revision Petition. In fact, in this petition the petitioner has requested the Court to change the venue to his residence.
Learned counsel for the petitioner has submitted that as number of relatives and friends of the petitioner are going to attend the function, the petitioner has filed this Civil Revision Petition requesting this Court to change the venue i.e., from the Court premises to his residence.
On the other hand, the respondent, who, along with the minor boy, is present in the Court, has opposed the said proposal and stated that it will be dangerous to the child if he is kept in the custody of the petitioner at his residence, but she has agreed to perform the function at any public place. Taking into consideration the circumstances enumerated above
including the apprehension expressed by the respondent – wife, the petitioner is permitted to conduct his minor son’s birthday function on 01.12.2012 in 7 Flavours Restaurant and Banquet Hall, Motinagar, Near A.G. Colony from 11.00 a.m. to 3.00 p.m., as agreed by both the parties, subject to appointment of Advocate Commissioner to safeguard the interest of the respondent – wife and also the child, if any. Further, in that behalf, Sri P.L.Narasimha Rao, is appointed as Advocate Commissioner to take care of the child through out the function and directing that after the completion of the function, the child has to be handed over to the respondent – wife.
The respondent – wife has expressed that she would also go to the premises where the birthday function is going to be held for the safety of the child, the same is not opposed and she is permitted to do so.
The fee of the Advocate Commissioner is fixed at Rs.10,000/- (Rupees Ten thousand only) to be paid by the petitioner immediately.
The Civil Revision Petition is accordingly allowed. No costs.
Miscellaneous petitions, if any, pending in this revision shall stand closed.
G. KRISHNA MOHAN REDDY, J
Date: 29.11.2012 Note:- Furnish C.C. today. ES
3 issues framed by the court
Whether to permit the petitioner to celebrate his minor son’s birthday at his residence or a different venue.
Whether to appoint an Advocate Commissioner to safeguard the interests of the wife and child during the function.
Whether the wife is permitted to personally attend the venue for the safety of the child.
Husband
Wife
G. Krishna Mohan Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
