K S MOHAN Vs. SANDHYA MOHAN

JUDGEMENT

(1.) The above Original Petition is filed by the husband against his wife to direct his wife to hand over custody of the minor son Skanda, who is now aged about four years, under the following circumstances. Application No. 5362 of 1991 is filed by the petitioner husband for an interim order granting custody of the minor boy Skanda to the petitioner pending disposal of the main Original Petition.

(2.) Application No. 462 of 1992 is filed by the respondent/wife claiming visitation right to the two daughters Swetha and Shradha and to retain their custody during week ends. The said application (Application No. 462 of 1992) was filed before the Family Court, Madras, and numbered as I.A. No. 649 of 1991 in O.P. No. 651 of 1991. Since both the respondent and the petitioner agreed for the transfer and trial of that application along with O.P. No. 573 of 1991, an order was passed by me by consent transferring I.A. No. 649 of 1991 in O.P. No. 651 of 1991 from the Family Court, Madras, to this Court for joint trial of both the said application and the main O.P. No. 573 of 1991 filed by the husband in this Court.

(3.) The respondent, who is the wife of the petitioner, has filed O.P. No. 651 of 1991 before the Family Court, Madras, under S. 10 of the Hindu Marriage Act, 1956, against the petitioner/husband seeking the relief of judicial separation on the round of cruelty. Along with that petition, the respondent has filed I.A. No. 649 of 1991 before the Family Court, which was subsequently transferred to this Court by consent of both parties and numbered as Application No. 462 of 1992, seeking a direction to the petitioner to permit her to have access to her two daughters viz., Swetha and Shradha and also retain their custody during week ends as an interim arrangement until the disposal of the main Original Petition filed by her for judicial separation.