The petitioner/wife, being aggrieved by the order passed by the court below in permitting the respondent/husband to have visitation rights on the alternative Saturday and Sunday of every month from Saturday morning 11.00 a.m to Sunday evening 4.00 p.m at his house, has preferred this revision.
2. The petitioner/wife has filed O.P.No.3792 of 2014 before the learned II Additional Principal Judge, Family Court, Chennai under Sections 13(1)(i-a) and 25 of the Hindu Marriage Act, 1955 seeking divorce and also seeking a permanent alimony in a sum of Rs.1 crore. Pending the said O.P., the respondent/husband filed I.A.No.165 of 2014 seeking interim custody of the minor child Aditya. The court below allowed the said petition granting the aforesaid relief. Challenging the same, the present revision is filed.
3. When the matter was listed before this Court on 29.11.2016, this Court had passed the following order:
"The parties have arrived at a tentative arrangement in and by which, the respondent is given visitation right from 9 a.m. to 5 p.m. on Saturdays, once in two weeks.
2. This arrangement will continue until further orders. The first of such visitation shall commence from 10 December 2016.
3. Post on 3 January 2017."
Accordingly, the matter is listed today for hearing.
4. The learned counsel for the respondent/husband submitted that the Minor child Aditya's birthday falls on Friday, viz.,06.01.2017 and therefore, he prays that this Court may permit the respondent to visit the child on that day also.
5. The learned counsel for the petitioner/wife raised serious objection for permitting the respondent/husband to meet the child on his birthday, i.e., on Friday, 06.01.2017 as this Court has granted visitation right to the respondent only on alternate Saturdays.
6. I have heard the learned counsel appearing on either side and also perused the orders passed by the court below as well as the order passed by this Court.
7. Considering the facts and circumstances of the case, instead of granting interim orders every now and then, this Court is inclined to dispose of the main Civil Revision Petition itself, for which course of action, both sides expressed no objection.
8. It is also brought to the notice of this Court by the learned counsel appearing for the petitioner that this Court in the order passed on 29.11.2016 has granted visitation right to the respondent/husband on alternate Saturdays only from 9.00 a.m to 1.00 p.m. However, the same was wrongly mentioned as 9.00 am to 5.00 p.m. It is further submitted that if the respondent/husband is permitted to visit the child on Friday, 06.01.2017, in the estranged wife's place, it may cause some unpleasant situation.
9. In view of the said submission, this Court thought fit to grant additional two hours on Saturday, the 7th January 2017 to the respondent/husband to be with the child, to avoid any unpleasant situation in the petitioner/wife's place, which was also agreed to by the petitioner.
10. Accordingly, the following order is passed:
(i) The respondent/husband is permitted to visit his minor child- Aditya on alternate Saturdays as per the earlier arrangement between the parties, from 9.00 a.m. to 1.00 p.m., till the disposal of the O.P.No.3792 of 2014 pending on the file of the II Additional Principal Family Judge, Family Court, Chennai.
(ii) It is also made clear that during the visit of the respondent/husband on Saturday, 7th January 2017, he is permitted to be with the child for additional two hours, as agreed to by the petitioner/wife, ie., from 9.00 a.m. to 3.00 p.m. However, on all other alternate Saturdays, clause (i) of this order shall hold good.
11. With the above direction, this Civil Revision Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
05.01.2017 vj2 Index: Yes/No Internet: Yes To The II Additional Principal Family Judge Family Court, Chennai Note: Issue order copy today itself i.e., 05.01.2017 PUSHPA SATHYANARAYANA,J., vj2 CRP PD.No.3151 of 2016 05.01.2017 http://www.judis.nic.in