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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Kumaresh Babu, J
Sriharyni Prabhakar – Appellant
Versus
R. Dinesh Kumar – Respondent
ORDER
This instant application has been filed to pass an interim order permitting the applicant/petitioner mother, to have unsupervised and exclusive interim custody of the minor children Harsha Devakaran and Dushyant Devakaran from 1st May 2025 till 31st May 2025 for the summer holidays, pending the disposal of the Original Petition.
2) Heard Ms.K.Sumathi, learned counsel appearing for the Applicant and Mr.A.K.Sriram learned Senior counsel appearing for Mr.A.S.Kailasam Associates for the respondents.
3) The learned counsel appearing for the applicant would submit that the respondent/father had grabbed the children from the custody of the applicant/mother at Bangalore and had brought them to Chennai. She would submit that the children were staying with her at Bangalore and in view of the compelling situation arising out of her employment, she had to travel outside Bangalore in the year 2023 and had requested the respondent/father, who was in good terms at that point of time to be in Bangalore with the children, but however, the respondent/father removed the children from Bangalore and brought them to Chennai and got them admitted to a school in Chennai. Only thereafter, the Original P
The court emphasized that a biological parent's visitation rights should not be denied based on unproven allegations, prioritizing the children's welfare.
Timely resolution of custody matters is essential for the child's welfare, and interim visitation rights should be granted to ensure the child's mental well-being.
Minor child does not have coping skills or intellectual ability to understand issues between adult relationship or parents unhappiness.
The paramount consideration in child custody cases is the welfare of the child, not merely parental affection, necessitating a conducive environment for their emotional and physical well-being.
Custody decisions are centered on the welfare of the children, prioritizing safety and stability, and considering the ambiguous conduct of the mother.
The best interest of the child and the impact of frequent changes on the child's well-being are central legal principles established in the judgment.
The welfare of the child is paramount in custody disputes, necessitating a balance between parental rights and the child's safety during visitation.
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