Maheswaran vs Gokila
2025 Latest Caselaw 7359 Mad

Madras High Court

Maheswaran vs Gokila on 22 September, 2025

Author: P.Velmurugan

Bench: P.Velmurugan

                                                                                       CMA(MD). No.1005 of 2025


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 22.09.2025

                                                         CORAM

                             THE HONOURABLE MR.JUSTICE P.VELMURUGAN
                                             AND
                            THE HONOURABLE Mrs.JUSTICE L.VICTORIA GOWRI

                                           CMA. (MD). No.1005 of 2025

                     Maheswaran                                                   ... Petitioner

                                                              Vs

                     Gokila,
                     W/o.Maheswaran,
                     No.52/1, East
                     Ramanathapuram,
                     Dindigul District..                                       ... Respondent

                     PRAYER :-Civil Miscellaneous Appeal filed under section 19 of Family
                     Court Act, r/w 47 Guardian and wards Act to set aside the Fair and
                     Decreetal order passed in G.W.O.P.No.68 of 2023 dated 30.04.2024 on
                     the file of the Family Court, Dindigul.

                                  For Appellant         : Mr.V.Illanchezian
                                  For Respondent        : Mr.V.Muthumani




                     1/5




https://www.mhc.tn.gov.in/judis              ( Uploaded on: 25/09/2025 11:31:13 am )
                                                                                             CMA(MD). No.1005 of 2025


                                                            JUDGMENT

(Judgment of the Court was delivered by P.VELMURUGAN,J.)

The Civil Miscellaneous Appeal is directed against the fair and

decreetal order passed in G.W.O.P.No.68 of 2023 dated 30.04.2024 on

the file of the Family Court, Dindigul.

2. The appellant is the husband and the respondent is the wife and

they were blessed with a male child and the child is aged 6 years. Due to

matrimonial discard, the respondent got divorce and the child is with the

natural guardian mother. The appellant had approached the trial Court

claiming interim custody of the child by filing GWOP No.68/2023.

3. Though the appellant has filed GWOP No.68/2023 on the file of

the family Court, Dindigul, claiming custody of the minor child, the said

petition was dismissed by the Court below. However, the Court below

granted only visitation rights of 2 hrs. between 10 am and 12 pm., every

fortnight, ie., alternative Saturdays at Kottaimariamman Temple,

Dindigul. Aggrieved by the said visitation rights, the appellant/husband

is before this Court with this appeal.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/09/2025 11:31:13 am )

4. It is seen from the records that the respondent/wife got divorce

and the relationship of the appellant and the respondent is not in dispute.

The child is hardly 6 years old and the family Court, while dealing with

the petition for guardianship, has given reasons for not granting the relief

of interim custody.

5. Considering the facts and circumstances of the case and

considering the age of the child, this Court is not inclined to interfere

with the order passed by the family Court regarding the relief of interim

custody. However, considering the age of the child, this Court is inclined

to modify the duration of visitation, ie., between 10 a.m. and 12 p.m.

Accordingly, the appellant shall visit his child between 10 a.m., and 2

p.m., every fortnight ie., alternative Saturdays at Kottaimariamman

Temple, Dindigul.

6. With the above modification, the Civil Miscellaneous Appeal

stands disposed of. No costs.

                                                              [P.V.,J]                            [L.V.G.,J]
                                                                             22.09.2025
                     NCC : Yes/No
                     Index : Yes/No
                     RR







https://www.mhc.tn.gov.in/judis                    ( Uploaded on: 25/09/2025 11:31:13 am )




                     To
                     1.The Family Court, Dindigul.

                     2.The VR Section
                     Madurai Bench of Madras High Court,
                     Madurai.









https://www.mhc.tn.gov.in/judis            ( Uploaded on: 25/09/2025 11:31:13 am )





                                                                      P.VELMURUGAN, J.
                                                                                 AND
                                                                   L.VICTORIA GOWRI, J.



                                                                                                RR




                                                                                ORDER
                                                                                      IN





                                                                               Date : 22.09.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/09/2025 11:31:13 am )