Partly allowed

A.M.Sundar v. S.Yamuna and 2 Others

Madras HC9 Dec 2024A/4130/2024

Case brief

AI extract

What is this about?

Father sought interim orders in a guardianship petition for information about children's school and health, video interaction, festival-holiday custody, and weekend interim custody of his minor children living with the mother. Court dismissed three applications as not maintainable or unnecessary, allowed weekend physical visitation on Sundays, with virtual interaction as fallback.

What did the court decide?

A.No.4133 of 2024 allowed: Sunday physical visitation 12-5 p.m. at respondent's residence with limited outing liberty; A.Nos.4130, 4131, 4132 of 2024 dismissed.

A.M.Sundar Vs S.Yamuna and 2 Others — Child Custody and Guardianship | Madras HC (2024)

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A. 4130 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-12-2024

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CORAM

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THE HONOURABLE DR JUSTICE G. JAYACHANDRAN

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A. 4130 of 2024

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AND

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OP. 450 OF 2024,A. 4132 OF 2024,A. 4133 OF 2024,A. 4131 OF 2024

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A.M.SUNDAR S/O.ARUMUGAM, NO.117, ELLAIYAMMAN KOIL STREET, URUR KUPPAM, BESANT NAGAR, CHENNAI - 600 090. APPLICANT(S) Vs S.YAMUNA AND 2 OTHERS W/O.A.M.SUNDAR, RESPONDENT(S) A.M.Sundar S/O.ARUMUGAM, NO.117, ELLAIYAMMAN KOIL STREET, URUR KUPPAM, BESANT NAGAR, CHENNAI - 600 090. APPLICANT(S) Vs S.Yamuna and 2 Others S/O.ARUMUGAM, NO.117, ELLAIYAMMAN KOIL STREET, URUR KUPPAM, BESANT NAGAR, CHENNAI - 600 090. AND 2 OTHERS RESPONDENT(S) A. 4132 of 2024 A.M.Sundar S/O.ARUMUGAM, NO.117, ELLAIYAMMAN KOIL STREET, https://www.mhc.tn.gov.in/judis

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URUR KUPPAM, BESANT NAGAR, CHENNAI - 600 090.

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APPLICANT(S)

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S.Yamuna and 2 Others S/O.ARUMUGAM, NO.117, ELLAIYAMMAN KOIL STREET, URUR KUPPAM, BESANT NAGAR, CHENNAI - 600 090.

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RESPONDENT(S)

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A. 4133 of 2024

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A.M.Sundar S/O.ARUMUGAM, NO.117, ELLAIYAMMAN KOIL STREET, URUR KUPPAM, BESANT NAGAR, CHENNAI - 600 090. Vs S.Yamuna and 2 Others S/O.ARUMUGAM, NO.117, ELLAIYAMMAN KOIL STREET, URUR KUPPAM, BESANT NAGAR, CHENNAI - 600 090.

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APPLICANT(S) Vs

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RESPONDENT(S) A. 4131 of 2024

APPLICANT(S) Vs

RESPONDENT(S)

A. 4130 of 2024

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

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For Applicant(s): M/S.VARSHA BALASUBRAMANIYAN SRUTHI R MANUSRI SRN

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For Respondent(s):

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OP. 450 of 2024

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For Applicant(s)(s):

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M/S.VARSHA BALASUBRAMANIYAN SRUTHI R MANUSRI SRN

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For Respondent(s):

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M/S.M.KARPAGAM FOR R1 VAKALAT NOT FILED AFFIDAVIT SERVICE FILED (POSTAL TRACK ONLY)

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A. 4132 of 2024

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For Applicant(s)(s):

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M/S.VARSHA BALASUBRAMANIYAN M/S.VARSHA BALASUBRAMANIYAN SRUTHI R MANUSRI SRN

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For Respondent(s):

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A. 4133 of 2024

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For Applicant(s)(s):

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M/S.VARSHA BALASUBRAMANIYAN M/S.VARSHA BALASUBRAMANIYAN SRUTHI R MANUSRI SRN

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For Respondent(s):

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A. 4131 of 2024

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For Applicant(s)(s):

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M/S.VARSHA BALASUBRAMANIYAN M/S.VARSHA BALASUBRAMANIYAN SRUTHI R MANUSRI SRN

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For Respondent(s):

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

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COMMON ORDER

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A.No.4130 of 2024 is filed to direct the respondents to inform, include and permit the

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applicant/petitioner to accompany the respondents and the minor children in all school

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activities, inform about the children health, medical visits, consultations pending

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disposal of the above original petition.

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A.No.4131 of 2024 is filed to grant immediately video communication between the

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minor children with the applicant/petitioner through any device pending disposal of the above original petition.

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A.No.4132 of 2024 is filed to grant temporary custody of the minor children during

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festival holidays, pending disposal of the above original petition as directed by this

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Court.

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A.No.4133 of 2024 is filed to direct the respondents to handover interim custody of

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the minor children named S.Sarvesh and Abinav Karthick residing at No.18/1, Nallan

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Street, Arunachala Road, Saligramam, Chennai-600 096 on weekends to the

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applicant/petitioner as to be directed by this Court.

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Common counter filed by the respondents i.e., wife, father-in-law and the mother-in-

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law.

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

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The bone of the contention is that the petitioner and the first respondent got married, two

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children were born to them through the wedlock. Later, their relationship got strained.

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H.M.O.P.No.2553 of 2023 is pending on the file of the II Additional Family Court, Chennai. The children are under the care and custody of the mother. Guardian OP.No.450 of 2024 is filed by the father seeking guardianship. Pending disposal of the Guardian and Wards OP, the above four applications are filed.

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On perusal of the pleadings and the common counter, this Court holds that the prayer sought in A.No.4130 of 2024, to direct the respondent to inform the activities of the minor children is not maintainable at this juncture. Hence, this application is dismissed.

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Application in A.No.4132 of 2024 seeking temporary custody of the minor children during

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the festival holidays is dismissed as infructuous, since the period of festival holidays has been

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gone.

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Application No.4131 of 2024 is filed to grant right of visitation through virtual mode either

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through video conference or any other device. This application has been filed with an intention to have interaction with the minor child through video conference or any other

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mode. Considering the fact that the other application in A.No.4133 of 2024 is filed for https://www.mhc.tn.gov.in/judis

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interim custody of the child during week ends, this Court is of the view that the requests to

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have an interaction with the minor children through video conference or any other electronic mode/virtual mode may not be necessary.

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A.No.4133 of 2024 is allowed wherein, the petitioner/father permitted to have the visitation right physically by visiting at the house of the respondent, wherein, the children are residing between 12.00 p.m., and 05.00p.m on every Sundays. The petitioner/father is permitted to take the children outside the residential premises of the first defendant, in case he needs to take the children for any shopping nearby and not for any other purpose. The petitioner shall not bring any other third parties along with him or take the children to common place except for the limited purpose mentioned above.

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If the petitioner/father for some reason is not able to physical visit during this period, he

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may be permitted to have the interaction through virtual mode on those days at the same time.

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09-12-2024

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To 1. S.YAMUNA AND 2 OTHERS W/O.A.M.SUNDAR, https://www.mhc.tn.gov.in/judis

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SUNDARAM CHENNAI - 600 096.

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CHANDRA W/O.SUNDARAM, ALL RESIDING AT NO.18/1, NALLAN STREET, ARUNACHALA ROAD, SALIGRAMAM, CHENNAI - 600 096.

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

A.M.Sundar v. S.Yamuna and 2 Others

Case brief

What is this about?

What did the court decide?

A.M.Sundar v. S.Yamuna and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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Case details

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