A.Nos.3929 & 3930 of 2022 in

O.P.No.513 of 2022 &

O.P.No.554 of 2023

R.N.MANJULA,J.

The petitioner in O.P.No.513 of 2022 is the father of the minor child

Advaidh Menon and the petitioner in O.P.No.554 of 2023 is the mother of the

minor child Advaidh Menon. Both the petitions have been filed by the parents

of the minor child seeking custody and appointment of guardian. At present, the

minor child is in the custody of the mother. In the Original Petition filed by the

father, he has filed two applications in A.Nos.3929 and 3930 of 2022 for

seeking visitation and for interim custody of the minor child for three

consecutive days every month and to restrain the respondent from removing the

child from the present address.

2. Ms.Geetha Ramaseshan, learned counsel for the applicant / father

submitted that various matrimonial proceedings are pending between the

applicant and the respondent and the applicant has been sincerely taking

proceedings in all possible ways for seeking custody of the minor child. It is

further submitted by the learned counsel for the applicant / father that during

the divorce proceedings pending before the Family Court, Ernakulam, the

respondent / mother has given an undertaking to co-operate for some visitation

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arrangements. However, in the order of the divorce dated 17.08.2015, no order

has been passed as to the visitation right of the father. Subsequently, the

petitioner has filed an application in I.A.No.2894 of 2016 in O.P.No.1226 of

2014 before the Family Court, Ernakulam for granting visitation rights. Since

the child was at abroad at that point of time and also considering various other

factors, the said petition was dismissed. The father of the minor child had filed a

petition challenging the above order before the High Court of Kerala in

O.P.No.677 of 2018. The said petition was also dismissed by giving liberty to

the petitioner for getting appropriate remedy available under law and thereafter,

the petitioner had filed this Original Petition seeking guardianship and custody.

The above said proceedings form part of the typed set of papers submitted by

the respondent / mother as well in her O.P.No.554 of 2023.

2.1. On the strength of the above proceedings, it is claimed by the

learned counsel for the applicant / father that the father was continuously taking

proceedings for visitation and the delay is due to the pendency of various

proceedings and not due to the reluctance on the part of the father. Hence the

learned counsel for the applicant / father prayed to give visitation rights once in

a week.

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3. Ms.K.Santhakumari, learned counsel for the respondent / mother

submitted that there is no quarrel on the proceedings which form part of the

typed set of papers filed by the mother in her petition in O.P.No.554 of 2023.

But the child does not have any inclination to interact with the father and the

order of visitation would cause mental trauma on the child and hence the

interest and welfare of the child should be considered as paramount importance.

It is further submitted that the child is aversive to the Court proceedings and in

the event of allowing visitation right to the father, that may be for once in a

month at the Child Care Centre, Family Court, Chennai.

4. I had an interaction with the child by causing his personal

appearance on 24.08.2023. The records show that the child appeared on earlier

occasion before this Court on 15.06.2023. In the order dated 19.06.2023, there

is a direction to do psychiatric evaluation by Dr.Nappinnai Cheran. The Doctor

has submitted her report by stating that the child has developed a negative

opinion about his father and it was due to the influence of his mother and

grandmother. The Doctor has also stated about some other concerns in the

minds of the grandparent