Madras High Court
C.B.Janani vs S.Srinath on 15 September, 2022
C.M.A.No.748 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.09.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.748 of 2022
and C.M.P.No.5463 of 2022
C.B.Janani ... Appellant
Vs.
S.Srinath ... Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 19 of the
Family Courts Act, 1984, against the order and decree dated 04.01.2022 made
in I.A.No.5 of 2021 in H.M.O.P.No.527 of 2021 on the file of the Principal
Judge, Family Court, Coimbatore.
For Appellant : Mr.C.Veeraraghavan
For Respondent : Mr.M.R.Jothimanian
JUDGMENT
[Judgment of the Court was delivered by V.M.VELUMANI,J.]
This Civil Miscellaneous Appeal is filed by the appellant/wife
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C.M.A.No.748 of 2022
challenging the order of the learned Principal Judge 04.01.2022 made in
I.A.No.5 of 2021 in H.M.O.P.No.527 of 2021, ordering visitation right to the
respondent/husband through Video-Conferencing.
2.The appellant/wife has filed H.M.O.P.No.527 of 2021 against the
respondent/husband under Sections 13(1)(i-a) and 25 of the Hindu Marriage
Act, 1955, for dissolution of marriage conducted between them on
24.02.2019 and for a permanent alimony of Rs.30,00,000/- to maintain
herself and her minor son. The respondent has filed H.M.O.P.No.755 of 2021
under Section 9 of the Hindu Marriage Act, 1955, for Restitution of conjugal
rights. Pending both the H.M.O.Ps., the respondent filed I.A.No.5 of 2021
seeking visitation right and interim custody of the minor son viz., S.J.Vaibhav
Shri on weekends and special holidays. The appellant opposed the same. The
learned Principal Judge, Family Court, Coimbatore, by order dated
04.01.2022 made in I.A.No.5 of 2021, considering the Covid situation,
ordered visitation right through Video-Conferencing. According to the
appellant, the minor child aged 2 ½ years is very active and it is very difficult
to keep him in one place. The respondent has filed petition only to harass the
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C.M.A.No.748 of 2022
appellant and he has no interest in seeing the child. Hence, prayed for
dismissal of the order made in I.A.No.5 of 2021 in H.M.O.P.No.527 of 2021.
3.It is the case of the respondent that being the father of the minor
child, he is very much interested in seeing the child and developing
acquaintance with the child. The learned Judge considering the interest and
right of the respondent to have the minor child and considering all the
materials available on record, ordered visitation right to the respondent
through Video Conference. The reason given by the appellant to set aside the
order is not valid. It is not difficult to see the child through the Video
Conference.
4.Heard the learned counsel appearing for the appellant as well as the
respondent and perused the entire materials available on record.
5.This Court, by the order dated 23.08.2022, in C.M.A.No.748 of 2022,
directed the appellant to be ready along with her child on 28.08.2022 and
04.09.2022 for Video-conferencing call by the respondent. The learned
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C.M.A.No.748 of 2022
counsel appearing for the respondent submitted that as per the order of this
Court, on 28.08.2022 and 04.09.2022, the respondent saw the child through
Video-conferencing. The learned counsel appearing for the appellant denied
the said submission. According to the learned counsel appearing for the
appellant, on both the days, the child could not be held in one place for
Video-conferencing and child was running here and there.
6.As per the direction of this Court, both the appellant and respondent
appeared before this Court. The appellant brought the child to the Court along
with her. The minor child viz., S.J.Vaibhav Shri seems to be very active, he
did not stand in one place and he was restless when the appellant was holding
him. Considering the above fact and our observation in the open Court, the
contention of the learned counsel appearing for the appellant that it is very
difficult to show the minor child through Video-Conferencing has
considerable force and is acceptable. For the above reason, the order of the
learned Principal Judge dated 04.01.2022 made in I.A.No.5 of 2021 is set
aside. Both the O.Ps. filed by the appellant as well as the respondent are
pending and pleadings are completed. The learned counsel appearing for the
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C.M.A.No.748 of 2022
appellant and respondent submitted that the O.Ps., are posted for enquiry.
Both the H.M.O.Ps. are ripe for trial. In view of the above, the learned
Principal Judge, Family Court, Coimbatore, is directed to dispose of both the
H.M.O.P.Nos.527 and 755 of 2021 as expeditiously as possible, in any event,
not later than three months from the date of receipt of a copy of this
judgment.
With the above direction, this Civil Miscellaneous Appeal is allowed.
Consequently, connected Miscellaneous Petition is closed. No costs.
(V.M.V., J) (V.S.G., J)
15.09.2022
Index : Yes / No
gsa
To
1.The Principal Judge,
Family Court,
Coimbatore.
2.The Section Officer,
VR Section,
High Court, Madras.
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C.M.A.No.748 of 2022
V.M.VELUMANI,J.
and
V.SIVAGNANAM, J.
(gsa)
C.M.A.No.748 of 2022
15.09.2022
https://www.mhc.tn.gov.in/judis
