IMPORTANT POINT
In custody / guardianship matters, courts have to consider welfare of minor child which is a paramount consideration.

JUDGMENT

R. Mahadevan, J.—The Original Side Appeal has been instituted against the order and decreetal order dated 06.06.2023 passed by the learned Judge in A.No.2690 of 2023 in O.P.No.188 of 2023.

2. The respondents herein, who are the in-laws of the appellant, has preferred a petition in O.P. No. 188 of 2023 for grant of permanent custody and appointing them as guardian of their minor grandchild by name Nuha Aalima born on 03.09.2021. According to the respondents, their only son viz., Abdul Hameed married the appellant on 02.09.2020 and out of the said wedlock, a female child by name, A.Nuha Aalima was born on 03.09.2021. While so, the son of the respondents died on 21.10.2022. Thereafter, dispute arose between the parties, which resulted in registration of the criminal cases against them. During the course of enquiry, an agreement was entered into between the parties on 03.11.2022 and as per the same, the custody of the child was given to the appellant and the visitation rights to the respondents herein. Contrary to the same, the appellant refused to permit the respondents to have their visitation rights of the minor grandchild. Feeling aggrieved, the respondents preferred the original petition.

3. Pending the aforesaid original petition, the respondents filed certain applications, the details of which read as follows:—

A. No. 2690 of 2023 - grant of visitation rights of their minor grandchild;

A. No. 2691 of 2023 - grant of interim custody of their minor grandchild; and

A. No. 2692 of 2023 - direct the appellant to comply with the terms and conditions of the agreement dated 03.11.2022 in respect of child visitation.

4. On 06.06.2023, when all these applications were taken up for consideration, the learned Judge has passed the following order:—

“Various applications have been filed by the petitioners who are seeking custody of the minor child being their grand-daughter.

2. The minor child was born to their deceased son and that the minor child is aged about 1 year & 9 months. They had also sought visitation rights to meet their grand-daughter.

3. Learned counsel appearing on behalf of the respondent mother would express fear of threat and coercion on the side of the petitioners. She would also submit that due to the activities of the grandparents viz., the petitioners herein, she had approached the Police Authorities to seek her protection.

4. Considering the various aspects and also the fact that the petitioners are the grandparents of the minor child who had lost their dear son, I am of the view that they may be permitted to meet the minor child. However, considering the various apprehensions on the side of the respondent, it would be better if such visitation of the grandparents to meet their granddaughter shall take place at the Child Care Centre attached to the Family Court, Chennai on 1st and 3rd Saturdays of every month between 3.00 P.M. & 5.00 P.M., this interim arrangement is made till all the applications are disposed of.” Aggrieved by the aforesaid order granting visitation rights to the respondents, the appellant/daughter-in-law has preferred this original side appeal.

5. The learned senior counsel appearing for the appellant submitted that in the wake of the unfortunate events surrounding the illness and subsequent demise of the appellant’s husband, the respondents responded unfavorably by unjustly blaming the appellant, spreading unfounded rumours about her and branding her as inauspicious. Adding salt to injury, during the 7th day ceremony, the respondents treated the appellant cruelly, accusing her of causing her husband’s death. On 27.10.2022, when the appellant’s parents visited the respondents’ house to take the appellant and the minor child, the respondents not only refused, but also went to the extent of locking themselves in a room with the child. Subsequently, due to a confrontation on 29.10.2022, the appellant was compelled to leave her matrimonial home. Thereafter, under duress, she sign