SIVAGOWRI Vs. R SWAMINATHAN

JUDGEMENT

(1.) THE civil revision petitioner/respondent/wife has filed this civil revision petition as against the order dated 14.11.2008 in I.A.No.1420 of 2008 in O.P.No.3556 of 2007 passed by the I Additional Judge, Family Court, Chennai in directing the revision petitioner/wife to hand over the child to the respondent/petitioner/husband on every Sunday at 9.00 a.m. at a common place agreed to by both and the respondent/petitioner/husband is directed to hand over the child to the petitioner/respondent/wife on the same day at 5.00 p.m. at the same place etc.

(2.) THE learned counsel for the revision petitioner/wife submits that the trial Court ought to have seen that the child was not willing to even see or be with the respondent/ husband and expressed her desire in clear terms and further that the trial Court should have atleast received the report from the officers in the Family Counselling Centre about the state of the child and the impact of such exposure to the respondent/husband before modifying and enlarging the visitation outside the premises of the Court and without the supervision of any one and moreover, when the revision petitioner has filed a common counter to the IAs in O.P.No.3556 of 2008, the trial Court has come to the wrong conclusion that counter has not been filed and that it is wrong to say that it was with the consent of both sides that the child was interacted for more than half an hour and there was no admission of any living in joint family by either parties or the child as the parties did not live in joint family and that the impugned order has been passed without considering the implications of impact of such routine visit every Sunday from 9.00 a.m. to 5.00 p.m.

(3.) IT transpires from the paragraph 2 of the order passed in I.A.No.1420 of 2008 dated 14.11.2008 by the trial Court that earlier on 19.05.2008 a direction has been issued to the revision petitioner/wife to produce the child on every Thursday once in a week at about 3.30 p.m. at Children Centre at Family Court, Chennai so that the respondent/ husband can visit the child between 3.30 p.m. to 5.30 p.m. on condition that the order will be effective only until further orders.