Madras High Court
M.V. Nandhinee vs V. Asokan on 18 April, 2023
OSA.No.21of 2023 and CMP.No.1360 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.04.2023
CORAM :
THE HONOURABLE MR. JUSTICE R. MAHADEVAN
and
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
Original Side Appeal No.21 of 2023
and
CMP.No.1360 of 2023
M.V. Nandhinee .. Appellant
Versus
1. V. Asokan
2. A. Devika .. Respondents
Original Side Appeal filed under Order 36 Rule 1 of the Original Side
Rules read with clause 15 of the Letters Patent to set aside the order and
decreetal order dated 12.01.2023 made in O.P.No.649 of 2022.
For Appellant : Mr. J. Ramesh
for Mr. Kasirajan
For Respondents : Mrs. Rita Chandrasekar
for Ms. R. Meenakshi
JUDGMENT
(Judgment of the Court was delivered by R. MAHADEVAN, J.)
The present Original Side Appeal has been preferred by the appellant
against the interim order dated 12.01.2023 passed by the learned Judge in O.P.
No. 649 of 2022.
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OSA.No.21of 2023 and CMP.No.1360 of 2023
2. The aforesaid Original Petition No. 649 of 2022 was filed by the
respondents herein praying to declare them as the guardians of the minor child
Niralyaa till she attains majority.
3. According to the appellant, the marriage between her and the son
of the respondents namely Dr. Maheshwar was solemnized on 06.03.2016.
Due to the wedlock, the female Child namely Niralyaa was born on
28.04.2017. While so, the husband of the appellant committed suicide on
25.11.2021. The respondents herein are paternal grand-parents of the minor
female child "Niralyaa" who is aged about 6 years; and they filed OP.No.649
of 2022 seeking to declare them as the guardians of the minor child till she
attains the age of major. Subsequently, they filed interim application in A. No.
4787 of 2022 seeking for visitation of the child on fortnightly basis. After
considering the submissions of both sides, the interim application was ordered
on 21.12.2022 with direction to pick up the child from the house of the
appellant on Saturday morning at 10.00 AM on condition that the child should
be handed over to her on or before 5.00 PM on Sunday on fortnight basis. On
the basis of the aforesaid order, on 24.12.2022, the respondents along with
police officials came to the appellant's house and asked for the child.
However, the child refused to go with the respondents. Notwithstanding the
https://www.mhc.tn.gov.in/judis
OSA.No.21of 2023 and CMP.No.1360 of 2023
same, the respondents created commotion and insisted to hand over the child
to them on the basis of the order passed by this Court. Therefore, the appellant
filed modification petition and the same was ordered on 12.01.2023, which is
impugned herein, reiterating the order permitting the respondents to have
visitation right of the minor child. However, in para 3(ii) of the order, it was
directed that the child shall not be taken out of Cuddalore during the said
period, where the appellant resides. Aggrieved by the said interim order of the
learned Judge passed on 12.01.2023, the appellant has come up with the
present original side appeal.
4. Today, when the matter was taken up for consideration, the
learned counsel appearing on both sides submitted that they are inclined to go
before the learned Judge dealing with the Original Petition to redress their
grievances in the manner known to law.
5. Considering the facts and circumstances of the case and as agreed
to by the learned counsel appearing for both sides, this Original Side Appeal
stands disposed of, leaving it open to the parties to agitate their rights before
the learned Judge, with whom O.P. No. 649 of 2022 is pending. Till a final
decision is taken in the said original petition, the interim arrangement made in
https://www.mhc.tn.gov.in/judis
OSA.No.21of 2023 and CMP.No.1360 of 2023
the order dated 12.01.2023 shall stand continued. No costs. Consequently,
connected miscellaneous petition is closed.
[R.M.D., J.] [M.S.Q., J.]
av 18.04.2023
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis
OSA.No.21of 2023 and CMP.No.1360 of 2023
R. MAHADEVAN, J.
and
MOHAMMED SHAFFIQ, J.
av
Original Side Appeal No.21of 2023
18.04.2023
https://www.mhc.tn.gov.in/judis
