Madras High Court
Bose vs Bhuvaneswari on 11 December, 2023
Author: G.Chandrasekharan
Bench: G.Chandrasekharan
2023/MHC/5397
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
C.M.A(MD)NO.391 OF 2021
and
C.M.P(MD)No.3392of 2021
Bose :Appellant/Petitioner
.vs.
1.Bhuvaneswari : Respondent/Respondent
2.Krithika :Respondent/Near Relative
PRAYER: Civil Miscellaneous Appeal filed under Section 47 of the
Guardian and Wards Act, 1890 against the fair and decretal order
made in G.W.O.P.No.3 of 2018, dated 4.1.2021, on the file of the
First Additional District Court, Madurai.
For Appellant :Mr.R.Gandhi
For Respondent-1 :Mr.P.Balasubramanian
For Respondent-2 :No appearance
JUDGMENT
*********
This Civil Miscellaneous Appeal is filed challenging the order
passed in G.W.O.P.No.3 of 2018, dated 4.1.2021, on the file of the
First Additional District Court, Madurai.
https://www.mhc.tn.gov.in/judis
2.G.W.O.P was filed by the appellant/Petitioner seeking the
relief of appointing him as legal guardian to the minor Sumitha and
Athiban. They are the children of first respondent/Bhuvaneswari and
appellant’s son Late Manimaran. The learned First Additional District
Judge, Madurai, after contest, had dismissed the Petition.
Challenging the said dismissal order, this Civil Miscellaneous Appeal
is filed.
3.During the pendency of this appeal, a memo is filed by the
appellant stating that due to age and his illness, the appellant is
not insisting for the custody claim of the minor grand children,but
wants to have visitation rights on every Sunday of English calendar
month between 10.00 a.m and 1.00 p.m.
4.The relevant portion of the memo reads as under:
‘’2.It is submitted that during the pendency of
the Civil Miscellaneous Appeal proceedings, due to the
age of the appellant/Petitioner and his age old illness,
now he is not insisting the custody claim of the minor
grant children. Further, the appellant/Petitioner and
his wife wants to claim the visitation right of their
minor grand children namely, Sumitha(11 years old)
and Athiban(8 years old) and they are ready and
willing to see them monthly once in first
Sunday( morning 10.00 a.m to Noon 01.00 p.m) at
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Navaneetha Krishnan Temple at Thiruppalai, Madurai,
until their lifetime. He further stated that it is
sufficient for them. Hence, it is just and necessary to
permit the appellant and his wife to see their grand
children until their life time.’’
5.In reply to the memo, the learned counsel for the first
respondent submitted that the appellant had caused several
problems to the first respondent to see that she did not get the
compensation awarded in Motor Accidents Claims case and the
pension and other benefits due to her on the death of her husband.
The appellant initiated several proceedings against the first
respondent and he had created problems by coming along with
numerous persons, when the appellant was granted visitation right
earlier to see the minor grand-children.
6.This Court considered the rival submissions made on either
side and perused the materials placed before this Court.
7.The appellant is the paternal grand-father of the minor
children. The minor children namely, Sumitha and Athiban were
born to the appellant’s son Late. Manimaran and the first
respondent in a legal marriage. He has given up the relief of
appointing him as guardian of the minor children, but he content
https://www.mhc.tn.gov.in/judis
with the visitation rights alone. As a paternal grand-father,he is
entitled to have the visitation rights. He requires that he may be
permitted to visit the minor children namely, Sumitha and Athiban
on the first Sunday of English Calendar month from 10 a.m to 1.00
p.m. His request, in the facts and circumstances of the case, is just
and legal.
8.In the said circumstances, this Court is inclined to accept
his request for visitation rights as aforesaid and the appellant is
permitted to have the visitation rights of the minor children Sumitha
and Athiban on the first Sunday of every English Calendar month
from 10.00 a.m to 1.00 p.m at Navaneetha Krishnan Temple,
Thiruppalai, Madurai. The first respondent is directed to produce the
minor children Sumitha and Athiban at Navaneetha Krishnan
Temple, Thiruppalai, Madurai from 10.00 a.m to 1.00 p.m on every
first Sunday of English Calendar month. The appellant is directed to
visit the minor children alone, without any other third parties
including his relatives and friends on the above aforesaid date,time
and place. After the period of visitation rights is over ie., from 10.00
a.m to 1.00 p.m., the minor children shall go with the first
respondent.
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9.The parties are at liberty to approach this Court, in case,
any difficulty is experienced by any one of them, in implementing
this order, by filing appropriate direction petition before this Court.
10.The Civil Miscellaneous Appeal is disposed of on the above
terms. No costs. Consequently, connected Miscellaneous Petition is
closed.
11.12.2023
Index:Yes/No
Internet:Yes/No
NCC:Yes/No
vsn
To
1.The Ist Additional District Judge,
Madurai.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
G.CHANDRASEKHARAN,J.
vsn
JUDGMENT MADE IN
C.M.A(MD)NO.391 OF 2021
and
11.12.2023
https://www.mhc.tn.gov.in/judis
