Madras High Court
G.Ramakrishnan vs S.Priyadharshini on 23 September, 2022
W.A.No.259 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.09.2022
CORAM
THE HONOURABLE MR. JUSTICE PARESH UPADHYAY
and
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.259 of 2022
and C.M.P.Nos.16602 & 16604 of 2022
G.Ramakrishnan .. Appellant
Vs
S.Priyadharshini .. Respondent
Appeal filed under Clause 15 of Letters Patent against the order
dated 28.04.2022 made in O.P.No.648 of 2021.
For Appellant : Ms.Rohini Ravikumar
For Respondent : Ms.S.Santhi
JUDGMENT
(Delivered by PARESH UPADHYAY, J.)
1. Challenge in this appeal is made to the order dated
28.04.2022 recorded on O.P.No.648 of 2021, O.A.No.661 of 2021 and
A.No.3769 of 2021. This appeal is by the (husband / father)
https://www.mhc.tn.gov.in/judis
W.A.No.259 of 2022
petitioner before learned single Judge. The matter pertains to custody
of child, visitation right and seeking injunction against removing the
child from the jurisdiction of this Court. Learned single Judge has
dismissed these prayers. Father is in appeal.
2. Learned advocate for the appellant has submitted that,
the custody of the child was asked for by the father, but even if it is
accepted that the custody of the child need to continue with the
mother - considering the tender age of the child (date of birth
03.06.2021), in any case, visitation right ought to have been granted
to the father. It is submitted that, learned single Judge erred in not
injuncting the mother from taking the child out of the jurisdiction of
this Court. It is submitted that this appeal be entertained.
3. On the other hand, learned advocate for the respondent
(wife/ mother) has contested this appeal and has submitted that,
considering the circumstances which were writ large before learned
single Judge, learned single Judge has, in the best interest of the
child, not granted any relief to the father and the same is just and
proper and therefore this appeal be dismissed.
4. Having heard learned advocates for the respective parties
https://www.mhc.tn.gov.in/judis
W.A.No.259 of 2022
and having considered the material on record, this Court finds as
under:
4.1 The date of birth of the child is 03.06.2021.
4.2 The custody of the child is with the mother.
4.3 The marriage had taken place on 11.09.2019.
4.4 On conjoint consideration of the material on record
including, the pleadings it transpires that, the bitterness between the
parties is writ large. During the course of hearing also, reference was
made to so many things, which may not have bearing on the custody
of the child. Keeping this in view we find that, when learned single
Judge has, after hearing the parties, in the facts of the case, thought
it proper not to grant any relief to the husband/ father, any
interference in this appeal, even visitation right in favour of the
father at this stage, would not be in the interest of the child, not even
in the interest of the parties.
5. For the reasons recorded above, this appeal is dismissed.
https://www.mhc.tn.gov.in/judis
W.A.No.259 of 2022
No costs. Connected civil miscellaneous petitions would not survive.
(P.U., J) (D.B.C., J)
23.09.2022
Index:No
mmi/3
To
The Sub Assistant Registrar,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
W.A.No.259 of 2022
PARESH UPADHYAY,
J.
and
D.BHARATHA CHAKRAVARTHY, J.
mmi
O.S.A.No.259 of 2022
23.09.2022
https://www.mhc.tn.gov.in/judis
