Sugirtha vs Gowtham - 2024 Supreme(SC) 1245

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 1245

VIKRAM NATH, PRASANNA B. VARALE
Sugirtha – Appellant
Versus
Gowtham – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Akhil Ranganathan, Adv. Mr. Aadarsh Kothari, Adv. Mr. R.l.dhilipan Pandian, Adv. Mr. Rishabh Dahiya, Adv. Mr. Utpal Sharma, Adv. Mr. S.C.V Vimalpani, Adv. M/S. Vimalpani & Co., AOR

JUDGMENT :

VIKRAM NATH, J.

1. Leave granted.

2. The present appeal arising from the Special Leave Petition No. 18240 of 2024 challenges the validity of the judgment dated 21.03.2024 passed by the Madras High Court’s Madurai Bench in C.M.A. (MD) No. 118 of 2024. The High Court, through the impugned order, has dismissed the appellant–mother’s miscellaneous appeal and upheld the interim visitation rights granted to the respondent–father and modified the directions passed by the Family Court.

3. Facts giving rise to the present appeal are that the parties herein got married on 09.09.2021 and a daughter was born to them on 06.06.2022. Shortly after birth of the child, in June 2023, the appellant filed a petition for dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955¹[In short, the “HMA”], on the ground of cruelty. Appellant in her petition contended that the respondent had continuously been committing domestic violence on her as well as the child. He had deserted them on 01.07.2022, and when he returned later, he attempted to kill them on 16.08.2022. She has also asserted that he would also beat up the child for absolutely no reason. She further submitted that t

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