S.P.Janagan vs S.Premalatha @ Meenakshi
2023 Latest Caselaw 8448 Mad

                                                                                     C.M.A.No.1475 of 2023

                                     THE HIGH COURT OF JUDICATURE AT MADRAS
                                                    DATED: 17.07.2023
                                                         CORAM:
                                   THE HONOURABLE MR JUSTICE R.SUBRAMANIAN
                                                    AND
                                    THE HONOURABLE MRS JUSTICE R.KALAIMATHI

                                                  C.M.A.No.1475 of 2023
                                                           and
                                                  C.M.P.No.15109 of 2023

                     S.P.Janagan                                                           ...Appellant

                                                             Vs.

                     S.Premalatha @ Meenakshi                                            ...Respondent

                     Prayer: Civil Miscellaneous Appeal filed under Section 19 of the Family
                     Courts Act, 1984, against the order dated 30.06.2022 made in I.A.No.1 of
                     2019 in O.P.No.4032 of 2019 on the file of the VII-Additional Family Court,
                     Chennai.
                                             For Appellant         : Mr.V.T.Balaji



                                                     JUDGMENT

(Judgment of the Court was made by R.SUBRAMANIAN, J.)

The order under challenge in the appeal is one permitting the

appellant / husband to vist the child at the Child Care Centre in the Family

https://www.mhc.tn.gov.in/judis C.M.A.No.1475 of 2023

Court premises, Chennai on 3rd Saturday of every month between 10.30 a.m

to 01.00 p.m till disposal of the main Original Petition, which is one for

divorce.

2.We have heard Mr.V.T.Balaji, learned counsel for the appellant /

husband.

3.Mr.V.T.Balaji, learned counsel would contend that the appellant

should be allowed to meet the child more frequently so that the bonding

between the father and the son will get strengthened. He would also point

out that the prayer in his petition is to take the child to his house for a day

on every Sunday. The learned family judge having considered the welfare of

the child and the facts and circumstances, come to the conclusion that the

visitation for one day in a month for about 2 ½ hours would be sufficient in

the circumstances of the case.

4.We do not think, we can interfere with the discretion exercised

by the Family Court, which has the advantage of seeing the parties as well as

https://www.mhc.tn.gov.in/judis C.M.A.No.1475 of 2023

the child. Interference in such discretion would only amount to more cruelty

to the child, who will be forced to sit within the four walls in the Child Care

Centre in the Family Court for hours, just to satisfy the ego of the fighting

parents. Hence, we do not see any reason to interfere with the order of the

Family Court. This Civil Miscellaneous Appeal therefore, fails and it is

accordingly, dismissed. No costs. Consequently, connected miscellaneous

petition is closed.

                                                                    (R.S.M.,J.)     (R.K.M.,J.)
                                                                             17.07.2023
                     kkn

                     Internet:Yes/No
                     Index:Yes/No
                     Speaking/Non-speaking order
                     Nuetral Citation : Yes/No


                     To:-

The VII-Additional Family Court, Chennai.

https://www.mhc.tn.gov.in/judis C.M.A.No.1475 of 2023

R.SUBRAMANIAN, J.

and R.KALAIMATHI, J.

KKN

C.M.A.No.1475 of 2023 and C.M.P.No.15109 of 2023

17.07.2023

https://www.mhc.tn.gov.in/judis