V VINCENT VELANGANNI Vs. P AMUTHA

JUDGEMENT

(1.) Challenging the order, dated 08.01.2010 passed in I.A.No.8 of 2010 in G.W.O.P.No.73 of 2009 on the file of the Principal District Judge, Tiruvallur, this Civil Revision has been preferred.

(2.) It is an admitted fact that the petitioner herein is the husband and the respondent is the wife of the petitioner. It is brought to the notice of this Court that H.M.O.P.No.35 of 2005, seeking restitution of conjugal rights filed by the petitioner herein on the file of the Subordinate Judge, Poonamalle was allowed, by order, dated 11.08.2005. Since the respondent herein was not inclined to comply with the order of restitution of conjugal rights on the petition filed by the husband, divorce, dissolving the marriage between the petitioner and the respondent was ordered by the said Court below. Subsequently, the petitioner herein filed G.W.O.P.No.73 of 2009, seeking custody of the minor son, V.Prabakaran. It is also not in dispute that the petitioner and the respondent have two minor children, son V.Prabakaran, born on 05.09.2003 and daughter V.Jona born on 12.07.2006.

(3.) The petitioner herein wanted to provide proper education to minor Prabakaran in Kendriya Vidhyalaya, H.V.F, Avadi, a reputed school. The petitioner herein had also filed writ petition in W.P.No.6297 of 2010, by order, dated 29.03.2010, this Court, after considering the writ petition filed under Article 226 of the Constitution of India, directed the second respondent therein, Kendriya Vidhyalaya, H.V.F, Avadi to admit the minor in I standard, as he was selected on merits for admission. The second respondent in the writ petition was also directed by this Court to keep one seat vacant in the first standard of the school for the minor, V.Prabakaran.