M.Kalyani vs K.Sivalingam on 16 November, 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 16.11.2017

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

C.M.A.(MD)No.660 of 2017
and
CMP(MD)No.6842 of 2017

M.Kalyani … Appellant

Vs.

K.Sivalingam … Respondent

Prayer: Civil Miscellaneous Appeal is filed under Section 47 of Guardians and
Wards Act, 1890 to set aside the executable and fair order dated 18.04.2017
made in G.W.O.P.No.4 of 2015 on the file of the learned I Additional District
Court, Madurai.

!For Appellant : Mr.P.Gunasekaran

^For Respondent : Mr.K.Kumaravel

:JUDGMENT

This appeal has been filed by the maternal grandmother of the child in
question. The respondent is the father. The respondent got married to
Mahalakshmi, daughter of the appellant herein on 24.06.2009. A child Brindha
Shri was born on 16.07.2010 to them. The daughter of the appellant ie., the
respondent’s wife committed suicide on 09.03.2013. Crime No.113 of 2013 has
been registered in this regard. The child has been with the appellant ever
since. The respondent filed GWOP.No.4 of 2015 before I Additional District
Judge, Madurai. The same was allowed on 18.04.2017. Challenging the same,
this appeal has been filed.

2.Heard the learned counsel on either side.

3.Since the issue concerned the interest of the minor child, I had a
long personal session with the child. I also spoke to the appellant as well
as the respondent. The appellant is a widow. She is working as a staff in
a reputed private hospital. The appellant has a married son. The child is
being brought up well by the appellant. The child is getting a good
education also.

4.Instead of disposing this appeal on merits, I suggested to the
parties that the issue can be amicably resolved by entering into some kind of
arrangement by balancing rights of both parties to ensure the educational
interest and welfare of the minor child in full. The parties agreed and
accordingly the following directions are issued :

1.The respondent ie.,K.Sivalingam is declared to be the guardian of the
minor child Brindha Shri.

2.The appellant will be entitled to have the physical custody of the
child.

3.The respondent will have the visitation rights. That apart, the
child shall be with the respondent i.e., her father from Saturday evening
till Sunday evening. The respondent can pick up the child from the
appellant’s house on Saturday evening and drop her back on Sunday evening.

4.The respondent is having custody of the Sridhana articles (Jewels 15
Sovereigns) gifted by the appellant on the eve of her daughter’s marriage to
the respondent. The respondent is directed to return the jewels to the
appellant within a period of four months from the date of receipt of a copy
of this order.

5.The order dated 18.04.2017 on the file of I Additional District
Judge, Madurai is set aside. This appeal is allowed in the above terms. No
costs. Consequently, connected miscellaneous petition is closed.

To

1.The I Additional District Court, Madurai.

2.The Record Keeper,
Madurai Bench of Madras High Court, Madurai.

.

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