Ziyavudeen Vs Fathima Begum — Madras HC (2025) — LawSathi Research

Ziyavudeen Vs Fathima Begum — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Civil Miscellaneous Appeal disposed of with modification of the trial Court's visitation direction: visitation enhanced from two one-hour visits a month to at least three visits on weekends/holidays chosen by both sides (child with father 10.00 a.m. to 05.00 p.m., to be returned to the mother thereafter), plus visits on Ramzan and Bakrid (10.00 a.m. to 02.00 p.m.); arrangement to continue until further proceedings or the child's majority; appellant to pay the child's school fees for Upper Kinder Garten admission in academic year 2025-2026; no costs.

Issue for consideration

Whether the appellant (father) should be appointed guardian of his minor female child Jaayisha, aged about 4 years - the G.O.P. plea rejected by the trial Court, against which this appeal is directed. +1 more

Court's answer

At least three visits (in place of the two one-hour visits fixed by the trial Court) are granted to the appellant; each visit shall be on weekends and holidays chosen by both sides, during which the child shall be with her father from 10.00 a.m. to 05.00 p.m., and after 05.00 p.m. the child shall be strictly returned to her mother.

Ratio / Principle

Apart from the regular weekend/holiday visits, on the day of Ramzan and Bakrid the child will be with her father from 10.00 a.m. to 02.00 p.m.

Key takeaways

The modified visitation arrangement shall continue until further arrangement is made pursuant to any proceedings initiated in future, or till the child attains majority.ratio¶26
In addition, the appellant shall pay the school fees of the child, who is to be admitted to the Upper Kinder Garten during the academic year 2025-2026.ratio¶26

Detailed headnote1 paragraphs

Guardianship and visitation - Father's C.M.A. under Section 19 of Family Courts Act, 1988 against Family Court, Villupuram order dated 23.03.2023 in G.O.P.No.75 of 2022 rejecting his plea for appointment as guardian of his 4-year-old daughter Jaayisha, the trial Court having allowed him only two visits a month of one hour each - Appellant sought four weekend visits from morning to evening; respondent-mother conceded a maximum of three - Division Bench (R. Suresh Kumar, J.) disposed of the appeal by modifying the visitation regime: at least three visits a month on weekends/holidays chosen by both sides, the child to remain with the father from 10.00 a.m. to 05.00 p.m. and to be strictly returned to the mother after 05.00 p.m.; additionally, on the day of Ramzan and Bakrid the child to be with the father from 10.00 a.m. to 02.00 p.m.; arrangement to continue until further proceedings or till the child's majority; appellant directed to pay the child's school fees for admission to Upper Kinder Garten in academic year 2025-2026 - No costs.

C.M.A.No.2346 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2025

CORAM

THE HON'BLE Mr. JUSTICE R. SURESH KUMAR AND THE HON'BLE Dr. JUSTICE A.D.MARIA CLETE

C.M.A.No.2346 of 2023

Ziyavudeen

Vs.

Fathima Begum

Civil Miscellaneous Appeal filed under Section 19 of Family Courts Act, 1988, against the fair and decreetal order dated 23.03.2023, passed by the Judge, Family Court, Villupuram, in G.O.P.No.75 of 2022.

For Appellant : Mr.C.Prabakaran for Mr.Thirumavalavan For Respondent : Mr.T.K.Saravanan

J U D G M E N T

(Delivered by R. SURESH KUMAR, J.)

This Civil Miscellaneous Appeal has been directed against the order dated 23.03.2023 passed by the Family Court, Villupuram, in G.O.P.No.75 of 2022.

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C.M.A.No.2346 of 2023

The appellant/father of the child had filed the said G.O.P. seeking

appointment of him as guardian to his female child viz ., Jaayisha, who is currently 4 years old. The trial Court, having gone through the evidence, rejected the plea made by the appellant, as against which, this appeal has been directed.

Heard Mr.C.Prabakaran, learned counsel appearing for the appellant and Mr.T.K.Saravanan, learned counsel appearing for the respondent i.e., the mother of the child.

The trial Court, though refused the appointment of guardianship of the appellant, has granted visitation right to the appellant for visiting the child twice a month and each visit will have the duration of one hour only, that is the main grievance of the appellant.

We have heard the learned counsel appearing for the appellant, who submitted that the appellant wants at least four such visits during weekend holidays from morning to evening and that would be sufficient for the appellant. However, Mr.T.K.Saravanan, learned counsel appearing for the respondent submitted that since the appellant is working, it may be highly https://www.mhc.tn.gov.in/judis 2/4

C.M.A.No.2346 of 2023

difficult for him to look after the child every weekend and therefore, at the maximum of three such visits can be permitted.

We have taken into account the said submission made by the learned

counsel appearing for both sides. Considering the aforesaid aspect, we do feel that at least three visits can be granted to the appellant and each of such visit shall be on the weekends and holidays chosen by both sides and during such visits, the child shall be with her father from 10.00 a.m. to 05.00 p.m. and after 05.00 p.m., strictly, the child to be returned to her mother. Apart from the said visits, on the day of Ramzan and Bakrid, the child will be with her father i.e., from 10.00 a.m. to 02.00 p.m. This arrangement shall continue until further arrangement is made, pursuant to any such proceedings to be initiated in future or till attainment of the majority of the child. In addition, the appellant has to pay the school fees for the child, who is going to be admitted in the Upper Kinder Garten during the academic year 2025-2026.

With the above modification, this Civil Miscellaneous Appeal is disposed of. No costs.

[R.S.K.,J.] [A.D.M.C., J.] Index : Yes / No 21.03.2025 Neutral Citation : Yes/No Issue order copy by 24.03.2025 gya

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C.M.A.No.2346 of 2023

R. SURESH KUMAR, J. AND A.D.MARIA CLETE, J.

gya

To The Family Court Villupuram

C.M.A.No.2346 of 2023

21.03.2025

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