Madras High Court
R.Dinesh Kumar vs Haryni @ Sri Haryni Prabhakar on 2 June, 2025
Author: Anita Sumanth
Bench: Anita Sumanth
2025:MHC:1249
OSA No. 169 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-06-2025
CORAM
THE HONOURABLE DR JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
OSA No. 169 of 2025
AND
CMP NO. 10908 OF 2025,CMP NO. 11966 OF 2025
1. R.Dinesh Kumar
S/o. Rajasekaran.V, No. 499,18th
Street, 4th Sector, Kalaignar
Karunanidhi Nagar, Chennai-78.
Appellant(s)
Vs
1. Haryni @ Sri Haryni Prabhakar
D/o. P.Prabhakar, Now Res. at. VGN
Fairmonth, D-S3, 78, Parathasarathy
Koil Street, Arulayaiammanpet, Thiru
Vika Industrial Estate, Guindy,
Chennai-32. Earlier Res. at, 53, Purva
Parkridge, Goshala Road,
Madhadevpura, Bangalore-560 048.
Respondent(s)
CMP No. 10908 of 2025
1. R.Dinesh Kumar
S/o. Rajasekaran.V, No. 499,18th
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OSA No. 169 of 2025
Street, 4th Sector, Kalaignar
Karunanidhi Nagar, Chennai-78.
Appellant(s)
Vs
1. Haryni @ Sri Haryni Prabhakar
D/o. P.Prabhakar, Now Res. at. VGN
Fairmonth, D-S3, 78, Parathasarathy
Koil Street, Arulayaiammanpet, Thiru
Vika Industrial Estate, Guindy,
Chennai-32. Earlier Res. at, 53, Purva
Parkridge, Goshala Road,
Madhadevpura, Bangalore-560 048.
Respondent(s)
CMP No. 11966 of 2025
1. R.Dinesh Kumar
S/o. Rajasekaran.V, No. 499,18th
Street, 4th Sector, Kalaignar
Karunanidhi Nagar, Chennai-78.
Appellant(s)
Vs
1. Haryni @ Sri Haryni Prabhakar
D/o. P.Prabhakar, Now Res. at. VGN
Fairmonth, D-S3, 78, Parathasarathy
Koil Street, Arulayaiammanpet, Thiru
Vika Industrial Estate, Guindy,
Chennai-32. Earlier Res. at, 53, Purva
Parkridge, Goshala Road,
Madhadevpura, Bangalore-560 048.
Respondent(s)
OSA No. 169 of 2025
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OSA No. 169 of 2025
PRAYER
To set aside the Judgment and Decree dated 23.04.2025 of this Honble Court in
Appl. No. 1778 of 2025 in OP No. 147 of 2024 and render justice.
CMP No. 10908 of 2025
PRAYER
To stay the operation of the Order passed in Appl. No. 1778 of 2025 in GWOP
No. 147 of 2024 dated 23.04.2025 pending disposal of the present Original Side
Appeal.
CMP No. 11966 of 2025
PRAYER
To end the visitation rights of the Respondent which was granted by order
dated 29/04/2025 in OSA.No.169/2025
OSA No. 169 of 2025
For Appellant(s): Mr. A.K.Sriram, Senior Counsel
For M/s. A.S.Kailasam
Associates For Appellant
For Respondent(s): Mr. M.K. Kabir, Senior Counsel
For M/s. K.Sumathi, For Sole
Respondent
ORDER
(Order of the Court was made by Dr.Anita Sumanth J.)
Read this order in continuation of and conjunction with order dated
29.04.2025 reading as follows:
'We have heard Mr.A.K.Sriram, learned Senior Counsel for
M/s.A.S.Kailasam Associates for the appellant (father) and
Mr.M.K.Kabir, learned Senior Counsel for Ms.K.Sumathi, learned
counsel for the respondent (mother).
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2.Based on the deliberations, we have arrived at a via media
that, we believe, would balance the interest of both the parents. To
be noted that the period for which this order operates is itself only
the month of May, 2025.
3.Both parties had agreed, in principle, to the interim
arrangement as proposed by the Court, and the Court had
requested the parties to put in writing their understanding in order
to ensure that they were all on the same page.
4.The respondent has filed memo dated 29.04.2025 reading
as follows:-
'The Respondent humbly submits as follows:
The Respondent submits that she agreed to file a
joint memo along with the Appellant to have the visitation
granted during summer vacations as per the Order passed
by the Hon'ble Single Judge in Application No.1778 of
2025 in O.P.No.147 of 2024 dated 23.04.2025 rearranged
in the following manner:
The Respondent/mother will have the children for
three continuous days with her and the Appellant/father
will have them for one day and the dates are set out
hereunder:
st th
May 1 to May 26 shall be shared in the following
manner:
Dates on Dates on
which the which the
children will children will
be with the be with the
mother in father in May
May 2025 2025
May 1, 2, 3 May 4
May 5, 6, 7 May 8
May 9, 10, 11 May 12
May 13, 14, 15 May 16
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Dates on Dates on
which the which the
children will children will
be with the be with the
mother in father in May
May 2025 2025
May 17, 18, May 20
May 21, 22, May 24
May 25, 26 May 27
The children will be dropped by the father on the
morning of 01.05.2025, 05.05.2025, 09.05.2025,
13.05.2025, 17.05.2025, 21.05.2025 at 10 am at the
mother's residence. They shall be picked up by the father
at 10 am on 04.05.2025, 08.05.2025, 12.05.2025,
16.05.2025, 20.05.2025, 24.05.2025 and 27.05.2025 from
the mother's residence.
The Appellant did not agree to file a joint memo.
Hence, she is filing this memo as undertaken. The
Respondent is willing to even pick up and drop the
children at 10 AM on the given dates from the Appellant's
house.
Sd/- Sd/-
Respondent Counsel for Respondent'
5.The appellant has also filed a memo dated 29.04.2025
reading as follows:
'The Appellant submits as follows:
The Appellant had preferred the present appeal
against the order dated 23.04.2025, Appln.No.1778 of
2025 in O.P.No.147 of 2024.
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Pursuant to the submissions made, this Hon'ble
Court was inclined to change the interim visitation, that
was directed to commence on 01.05.2025 to 20.05.2025
continuously.
The Appellant request access to minor children
during the visitation without any restrictions and
hindrance from the Respondent.
Dates on Dates on
which the which the
children children
will be with will be with
the mother the father
in May in May
2025 2025
May 1, 2, 3 May 4
May 5, 6, 7 May 8
May 9, 10, 11 May 12
May 13, 14, 15 May 16
May 17, 18, 19 May 20
May 21, 22, 23 May 24
May 25, 26 May 27
The children will be dropped by the
father/Appellant on the morning of 01.05.2025,
05.05.2025, 09.05.2025, 13.05.2025, 17.05.2025,
21.05.2025, 25.05.2025 at 10 am at the
mother/Respondent's residence. They shall be picked up
by the father/Appellant at 10 am on 04.05.2025,
08.05.2025, 12.05.2025, 16.05.2025, 20.05.2025,
24.05.2025 and 27.05.2025 from the
mother/Respondent's residence.
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Sd/- Sd/-
Appellant Counsel for Appellant'
6.In light of the memos filed, the children, Harsha
Devakaran, aged 12 years & Dushyant Devakaran aged 9 years
together referred to as 'children' are permitted to stay with their
parents in accordance with the schedule as per the above memos.
This arrangement shall continue till 10.00 a.m., on 27.05.2025. The
visitation period covered under this order commences from
st
Thursday, the 1 of May, 2025.
7.In order that the apprehensions of both parties stated
allayed, we clarify that the parties are at liberty to make a mention
before the Vacation Benches of this Court, if need be, with prior
notice to the other side, if they encounter any difficulty in the
implementation of this order.
8.This liberty is granted bearing in mind the interests of the
minor children. The Registry shall permit them to make mention or
file urgent interim applications, if they so desire, upon production
of a copy of this order.
9.With this order, effectively the OSA could be closed.
However, at parties request, we adjourn the matter to 02.06.2025
by which date, the OSA would be rendered infructuous.
10.List on 02.06.2025.'
2.Both Mr.A.K.Sriram and Mr.Kabir, learned Senior Counsel would
concur that the arrangement under the aforesaid order has worked itself out.
They only seek that a time frame be fixed for hearing of GWOP.No.147 of 2024
and a time frame of four months is granted so fixed, to run from 09.06.2025
when the matter is stated to be next listed for hearing.
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3.We specifically direct both parties to co-operate in such disposal, as the
fixation of the time frame is at their instance and per their request.
4.This Original Side Appeal is closed in terms of this order. No costs.
Connected miscellaneous petitions are also closed.
(ANITA SUMANTH J.)(N.SENTHILKUMAR J.)
02-06-2025
vs
Index:Yes/No
Speaking order
Internet:Yes
Neutral Citation:Yes
To
1.Haryni @ Sri Haryni Prabhakar
D/o. P.Prabhakar, Now Res. at. VGN
Fairmonth, D-S3, 78, Parathasarathy
Koil Street, Arulayaiammanpet, Thiru
Vika Industrial Estate, Guindy,
Chennai-32. Earlier Res. at, 53, Purva
Parkridge, Goshala Road,
Madhadevpura, Bangalore-560 048.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/06/2025 01:22:52 pm )
DR.ANITA SUMANTH J.
AND
N.SENTHILKUMAR J.
vs
AND CMP NO. 10908
OF 2025,CMP NO.
11966 OF 2025
02-06-2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/06/2025 01:22:52 pm )
