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2008 DIGILAW 995 (MAD)

Bindu v. C. V. Ananth Padmanabhan

2008-03-20

FAKKIR MOHAMED IBRAHIM KALIFULLA, K.CHANDRU

body2008
Judgment :- F.M. Ibrahim Kalifulla, J. This appeal arises out of an order passed by the learned Single Judge in the interim application filed by the father of the children for the custody of minor children Miss. Anamika, aged about 9 years and Master Riyaan, aged about 4 years. 2. Very many issues, including the jurisdiction of this Court for entertaining the application for interim custody before the main O.P. was taken up, were raised before the learned Judge. Learned Judge, after making some attempts to resolve the issue amicably in a manner known to law and having failed in that attempt, ultimately passed the impugned order on merits, permitting the respondent-husband to have the custody of the minor children pending disposal of the main O.P. 3. Having gone through the lengthy order of the learned Single Judge, though Mr. Nageshwar Rao, learned senior counsel appearing for the appellant would contend that the statutory stipulations contained in Section 17 of the Guardians and Wards Act, 1890 were not fully taken care of by the learned Single Judge while passing the impugned order, we are not inclined to interfere with the said order, as we feel that all such contentions raised by the appellant are to be dealt with only in the main O.P. 4. In fact, we have noted that learned Judge himself had a dialogue with the children and noted that the children were interested equally with the father as well as the mother and in fact, the girl child appeared to have stated that she wish that both of them live together. In such a situation, we do not find any scope to interfere with the order impugned in this appeal. After passing of the impugned order, at the request of the learned counsel for the appellant, learned Judge himself, by his order dated 13. 2008, suspended the operation of the impugned order for a period of one week to enable the appellant to work out her remedy. 5. One of the factors which weighed with the learned Judge was that the appellant herself was seriously involved in her own business ventures, which required wide spread traveling and hence, she may not be in a position to spend much time for the care of the children. 5. One of the factors which weighed with the learned Judge was that the appellant herself was seriously involved in her own business ventures, which required wide spread traveling and hence, she may not be in a position to spend much time for the care of the children. Learned senior counsel appearing for the appellant in the course of his submission stated that the appellant is willing to give up all her business ventures including her position as Marketing Director in her fathers concern for the welfare of the children and contrary to the stand in the O.P. that the respondent-husband may be directed to set his abode at Hyderabad, she is now prepared to stay at Chennai itself for the sake of the children. 6. Learned senior counsel appearing for the appellant also submitted that while staying at Chennai, she also wants the children to continue their education in Abacus Montessori School, where they were having their education before they were put in a school at Hyderabad. Learned senior counsel further stated that even if the children stay with the appellant, there would be no impediment for the respondent-husband to visit the children as and when he wishes to have their company and that even if the children wish to go along with the respondent-husband for any outing, she is also prepared to accompany them in the interest of children. 7. Taking note of the above submissions made by the learned senior counsel appearing for the appellant, we are of the view that while directing the O.P. itself to be disposed of at an early date in any case within a period of three months from the date of receipt of a copy of this order, the appellant can also be permitted to move an appropriate application for modification of the order impugned in this appeal, suggesting all the above proposals, which can be considered by the learned Judge pending disposal of the O.P. to enable the appellant to seek for appropriate modification of the impugned order in the lines suggested above. 8. We accordingly direct that the order of suspension dated 13. 2008 shall be continued for two more weeks. 8. We accordingly direct that the order of suspension dated 13. 2008 shall be continued for two more weeks. In the meantime, as submitted by the learned senior counsel appearing for the appellant, the children shall be permitted to continue to stay with their mother at Chennai itself and that the children should be allowed to pursue their studies in the very same school at Abacus Montessori School and that the respondent should be permitted to visit the children as and when he likes and that there should be no impediment for the respondent to take the children for outing for a while along with the company of the appellant in the week ends and holidays. We also make it clear that the education of the children in the present school viz. Abacus Montessori School shall not be discontinued and that under no circumstances, the children should be taken to Hyderabad or to any other place outside Chennai without the permission of the Court. 9. The appeal stands disposed of on the aforesaid terms. Consequently, the connected M.Ps. are closed. No costs.