P.Kowsalya vs The Bethal Baby Home
2024 Latest Caselaw 17259 Mad

Madras High Court

P.Kowsalya vs The Bethal Baby Home on 2 September, 2024

Author: J.Nisha Banu

Bench: J.Nisha Banu

    2024:MHC:3356




                                                                               C.M.A.No.154 of 2020

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 02.09.2024

                                                         CORAM

                             THE HONOURABLE MRS. JUSTICE J.NISHA BANU
                                              AND
                            THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR

                                                   C.M.A.No.154 of 2020


                     P.Kowsalya
                     W/o Late Palaniappan                                 ..Appellant

                                                         Vs.

                     The bethal baby Home
                     represented by its Warden,
                     Danishpet,
                     Salem District.                                      ..Respondent


                     Prayer:

                                  Civil Miscellaneous Appeal filed under Section 19 of Family

                     Courts Act, 1984 r/w Section 47 of Guardians and Wards Act 1890)

                     against the judgment and decree dated 22.12.2017 passe din G.O.P.no.7

                     of 2017 on the file of Family Court, Salem.

                                  For Appellant    : Mr.M.Santhanaraman

                                  For Respondent   : M/s.Paul & Paul

https://www.mhc.tn.gov.in/judis
                     Page 1/4
                                                                                    C.M.A.No.154 of 2020

                                                       JUDGMENT

(The order of the Court was made by Mrs.J.Nisha Banu,J.)

The appellant has filed a Guardian Original Petition to appoint her

as guardian to the minor, Hari Vignesh and direct the respondent to hand

over custody of the minor son, Hari Vignesh to her, who is under the

custody of Bethal Baby Home, Danishpet, Salem, as per direction of the

Judicial Magistrate No.5, in Crl.O.P.No.133 of 2013.

2. Today, when the matter is taken up for hearing, the learned

counsel for the appellant would state that the child was handed over to

the appellant on 16.03.2020 as per the order of this Court dated

02.03.2020. Learned counsel would further state that the child ran away

from the custody of the appellant and with the help of Police, the child

was handed over to the Child Welfare Committee and the Child Welfare

Committee, has ordered that the child should be kept in the Children's

Home, viz., Nesackkarangal Children Home, Salem, till he attains the

age of 18 years as per Section 37(1)(C) of the Juvenile Justice (Care and

Protection of Children) Act, 2015. At present, the child is under the care

and custody of Nesackkarangal Children Home, Salem.

3. A copy order dated 01.11.2022 passed by the Child Welfare

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

Committee to keep the child under the custody of Nesackkarangal

Children Home, Salem and a copy of the letter dated 01.09.2024 given

by the Nesackkarangal Children Home, Salem, certifying that the child

is residing at Nesackkarangal Children Home, Salem, are produced

before this Court and the same is perused.

4. Learned counsel for the appellant would state that since the

child is presently under the custody of Nesakkarangal Children Home,

Sale, the appellant pray for visitation rights of minor child once in a

month.

5. The aforesaid statement of the learned counsel for the appellant

is recorded. The appellant is entitled to have visitation rights of the

minor son, Hari Vignesh, once in a month.

6. With the above direction, the Civil Miscellaneous Appeal is

disposed of. No costs.

                                                                       (J.N.B,J.)    (N.S., J.)
                     Index              : Yes / No                           02.09.2024
                     Internet           : Yes
                     vsi

                     To
                     1. The Family Court, Salem.

2. Nesackkarangal Children Home, Salem https://www.mhc.tn.gov.in/judis

J. NISHA BANU, J.

and N.SENTHILKUMAR,J.

vsi

02.09.2024

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