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2015 DIGILAW 2754 (MAD)

Sivagami v. Sonaimuthu

2015-08-10

P.DEVADASS

body2015
JUDGMENT 1. As these two Civil Miscellaneous Appeals are directed against the common order, they are heard together and are being disposed of by this common judgment. 2. These two Civil Miscellaneous Appeals arises out of the order passed in G.W.O.P.No.504 of 2014 on the file of the Family Court, Tirunelveli. 3. Sonaimuthu and Sivakami became spouse long back. They were blessed with two children viz. Petchiammal (born on 26.10.1999) and Reshma (born on 01.06.2004). At one point of time their life started at Madurai. Thereafter it was shifted to Tirunelveli. Now, it is stated that the marital bondage between Sonaimuthu and Sivakami was terminated by a Court order, in other words, they become divorcees. 4. Now Sonaimuthu and Sivakami are ex-husband and ex-wife. So far as Petchiammal and Reshma are concerned, they continued to be their parents. It is a great tragedy Petchiammal and Reshma's father and mother are not husband and wife. There is no law or rule to erase the status of father and mother to their children. Sonaimuthu being father of Petchiammal and Reshma is eternal. 5. In the circumstances, Sonaimuthu filed G.W.O.P.No.504 of 2014 as against Sivakami, asking for the custody of his children viz. Petchiammal and Reshma, who are now aged 15 and 11 respectively. It is pertinent to note that Sivagami remained exparte before the Family Court. The Family Court, considering the welfare of the children refused to grant him custody of the children. However, considering the fact that he is none other than father granted him visiting rights viz. he can see his children on the first Sunday of every month between 10 a.m. to 5 p.m. and also directed the children to be with him during such period. 6. Sonaimuthu, aggrieved as against not granting of custody of his children to him had directed C.M.A.(MD) No.747 of 2015, while Sivakami, aggrieved by the order of the Family Court granting him visiting rights directed C.M.A.(MD)No.514 of 2015. 7. According to the learned counsel for Sonaimuthu, Sonaimuthu is longing to see his children. But there are many hurdles. If he goes to see his children, he has to go to Police Station, Jail because Sivakami stoop to any level even making wild allegations and it is only with a view to see that he shall not see the children. According to the learned counsel for Sonaimuthu, Sonaimuthu is longing to see his children. But there are many hurdles. If he goes to see his children, he has to go to Police Station, Jail because Sivakami stoop to any level even making wild allegations and it is only with a view to see that he shall not see the children. In the circumstances, the learned counsel for Sonaimuthu would submit that atleast one day in a month, the children be left in his company. 8. On the other hand, the learned counsel for Sivakami, Sonaimuthu is a trouble maker. He should not be given the custody of the children. Hence, the Family Court has rightly denied him their custody. However, in the facts and circumstances of the case, the Family Court ought not to have given him visiting rights. Granting him such right will amount to giving him right to cause trouble to the children. If such a right is given to him, the children's education will be foiled. 9. In reply, the learned counsel for Sonaimuthu submitted that Sivakami makes trumpet charges against Sonaimuthu. Sonaimuthu is a lovable father. Sivakami is making false allegations. Sonaimuthu is ready and willing to see his children even in a common place. 10. I have considered the rival submissions, perused the materials on record and the impugned order. 11. Children are nation's wealth. Adults are up to do any mischief in any manner, but not the children. But children could be easily tutored. They can be made to sway in whatever way by giving them some allurements. 12. It is a pathetic case that Petchiammal and Reshma's father and mother fought for a long time. They have given good-bye to each other. But they cannot bid good-bye to their children. Sonaimuthu is an Auto driver in Madurai. Children are studying in schools in Tirunelveli. Now, they are under the custody of their mother. That will be conducive for their educational advancement. Welfare of the children is paramount consideration. Love and affection of the father towards his children cannot be belittled. Because it is human bondage, less of such human element, the man will be an animal. But, it is stated that Sonaimuthu is not such a person. On any account children's education should not be affected. Welfare of the children is paramount consideration. Love and affection of the father towards his children cannot be belittled. Because it is human bondage, less of such human element, the man will be an animal. But, it is stated that Sonaimuthu is not such a person. On any account children's education should not be affected. But at the same time, Sonaimuthu should be enabled to see his children without any danger or disturbance from Sivagami and her supporters. 13. Now, it transpires from the arguments of the learned counsel when Sonaimuthu went to visit his children complaints are being lodged against him. It is stated that it is all because of the manoeuvring of Sivagami. In such circumstances, while rejecting the relief custody of the children to Sonaimuthu, there cannot be a whole sale rejection of Sonaimuthu's wish to see his children. He should see his children. But it should be in a conducive atmosphere. 14. In the circumstances, there shall be modification of the order of the learned Family Court Judge, Tirunelveli in G.W.O.P.No.504 of 2014 dated 17.03.2015 to the effect that Sonaimuthu is permitted to see his children at the District Science Centre, Near Collectorate, Kokirakulam, Tirunelveli, Sivagami shall hand over the children to Sonaimuthu at the gate of the said District Science Centre on the first Sunday of every month at 10 A.M. and at about 1 P.M., and Sonaimuthu shall hand over the children to Sivagami at the gate of the said Centre. Sonaimuthu is permitted to give eatables, note books, text books, clothes, toys and monies to the children. This order comes into effect from 05.09.2015. 15. Accordingly, these Criminal Original Petitions are disposed of. No costs. Consequently, connected M.P.(MD) No.1 of 2015 in C.M.A.(MD) No.514 of 2015 stands closed.