The court emphasized that a biological parent's visitation rights should not be denied based on unproven allegations, prioritizing the children's welfare.

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 1^st May 2025 till 31^st 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 Petition had been filed. Inspite of interim orders granting visitation rights to the applicant/mother were passed, the applicant/mother was not permitted to visit the children.

4) Relying upon the orders passed by this Court in the instant O.P., dated 21.12.2024, she would submit that this Court wanting to give a quietus to the rival claim between the parties, had directed video conferencing for two hours on sundays. Even that video conferencing was always interrupted citing other engagements which they were enrolled upon by the respondent/father. She would submit that either the respondent/father further ought to have seen that the children do not have any engagements during the two hours permitted by this Court or ought to have informed the applicant/mother a comfortable two hours window without any disturbance with them. She would submit that the matter was directed to be placed before the learned Master for recording of evidence and foreseeing a settlement, the evidence was not recorded. She would submit that there is no possibility of the settlement between the parties and therefore, the applicant/mother is ready to get along with the recording of evidence on 09.06.2025, and on the said date, the matter has to be listed before the learned Master. Therefore, she would submit that she being a biological mother of the children seeks to have the custody of the minor children during the summer vacation and prays this Court to grant interim custody of the minor children to the applicant/mother.

5) Countering her arguments, Mr.A.K.Sriram, learned Senior counsel appearing for the respondent would submit that the applicant suffers from a bipolar disease, which is uncurable and she has also attempted to produce a certificate given by a Doctor certifying that the applicant/mother had been cured from bipolar disorder. He would vehemently contend that the bipolar disorder is uncurable and therefore, such a certificate had been placed before this Court, with an attempt to mislead the Court which would amount to a perjury. That apart, he would submit that even the mother of the applicant had complained about the conduct of the applicant/mother and now supported and given shelter by an another relative who did not want to disclose her name. He would also want to place on record an affidavit by his mother-in-law, who is mother of the applicant. He would further submit that it would only be dangerous to the minor children to be in the company of the applicant/mother unsupervised, that too in an alien state.

6)He would contend that the applicant/mother had innocuously got an order of injunction restraining the respondent/father from moving the children out of jurisdiction at Chennai after knowing well that the respondent/father has planned to take the children to Anda