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G.Ashok Kumar vs V.Nallathambi on 23 June, 2021

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C.R.P (PD) No.2737 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2021

CORAM:

THE HON’BLE MR.JUSTICE G.K.ILANTHIRAIYAN

C.R.P (PD) No.2737 of 2018
and
C.M.P.No.16074 of 2018

G.Ashok Kumar … Petitioner
Vs.
V.Nallathambi … Respondent

Prayer : Civil Revision Petition is filed under Article 227 of the
Constitution of India, to to set aside the fair and decretal order passed by
the IV Additional Judge, Famil Court at Chennai dated 04.08.2018 made
in I.A.No.3329 of 2018 in O.P.No.2078 of 2018 and allow the Civil
Revision Petition.

For Petitioner : Mr.Ravichandran Sundaresan

For Respondent : M/s.S.T.P.Kulimozhi

ORDER

This Civil Revision Petition is directed against the fair and

decretal order passed in I.A.No.3329 of 2018 in O.P.No.2078 of 2018

dated 04.08.2018 on the file of the learned IV Additional Judge, Family

Court, Chennai, thereby dismissing the petition seeking interim custody

of the minor children.

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C.R.P (PD) No.2737 of 2018

2. The petitioner is the father and the respondent is the maternal

grandfather of the minor children. The petitioner got married with one

Vanithamani on 21.01.2007. Out of their wedlock, they gave birth to a

female child and male child. Due to quarrel between them, his wife

committed suicide on 05.02.2018. The children were brought to the

deceased wife’s house at Trichy for performing last rites of the deceased.

But the petitioner was not allowed by the respondent and his relatives to

perform his last rites to his wife and the minor children were under the

custody of the respondent herein. Therefore, the petitioner filed a petition

under Section 12 of the Guardian and Wards Act seeking custody of his

minor children. While pending the main petition, he filed a petition

seeking interim custody of the minor children, since they were studying

in the Kendriya Vidyalaya School, CLRI Campus, Adyar, Chennai.

However, the Court below dismissed the petition seeking interim custody

of the minor children for the reason that the children are not willing to go

with the petitioner, since they have got admitted in a Matriculation

School at Trichy and they are comfortable with their maternal

grandfather. While the present Civil Revision Petition came up for

admission, this Court passed detailed order dated 12.10.2018, which

reads as follows:-

“14. I am of the view that in order to ascertain
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C.R.P (PD) No.2737 of 2018

as to whether the children would be comfortable in
staying with their father or not, it would be
appropriate to direct the respondent herein to hand
over the custody of the children for the present and
during which point of time, the relationship between
the children and their father could be closely
monitored. Since the petitioner herein assures that the
children would also be allowed to continue their
studies in the same school and that their admissions
are still open, it would only be appropriate to direct
the petitioner to admit the children in the same school,
namely Kendriya Vidyalaya School, CLRI Campus,
Adyar, Chennai to enable them to pursue their
education

15. Since, the above arrangement is only being
done by way of an interim measure, this Court intends
to re-analyse the status of the relationship between the
petitioner and their children after they reconcile with
him.

16. In the light of the above observations, there
shall be a direction to the respondent herein to
temporarily hand over custody of the minor children
namely A.Dhaksha, aged 10 years and Mithilesh, aged
6 years to the petitioner herein within a period of one
week from today.”

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C.R.P (PD) No.2737 of 2018

3. Thereafter, this Court passed further order dated 01.11.2018,

which reads as follows:-

“4. This Court is also of the view that since the

interim custody of the minor children was handed over on

15.10.2018, it might require some more time for the father

and children to bond and strengthen their relationship

and therefore it would be appropriate to continue

monitoring the children.”

4. Now, the learned counsel for the petitioner submitted that as

directed by this Court, the interim custody of the minor children were

handed over to the petitioner on 15.10.2018 and they are happily living

with the petitioner and they are studying in their respective class at

Kendriya Vidyalaya School, CLRI Campus, Adyar, Chennai. So far, no

complaints have been received from the respondent against the petitioner

in respect of the any other untoward happening against the minor

children by the petitioner.

5. Considering the above facts and circumstances, this Civil

Revision Petition is allowed and the order passed in I.A.No.3329 of 2018
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C.R.P (PD) No.2737 of 2018

in O.P.No.2078 of 2018 is hereby set aside. However, the Court below is

directed to consider the above facts and circumstances and dispose of the

petition in O.P.No.2078 of 2018, within a period of six months from the

date of receipt of a copy of this order. Consequently, the connected

Miscellaneous Petition is closed. No costs.

23.06.2021
kv

Index :Yes/No
Internet : Yes/No

To

1. The IV Additional Judge,
Famil Court, Chennai

2. The Section Officer,
V.R. Section, High Court of Madras.

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C.R.P (PD) No.2737 of 2018

G.K.ILANTHIRAIYAN,J.

kv

C.R.P (PD) No.2737 of 2018

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