2025 Supreme(Online)(Mad) 66334
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Kumaresh Babu, J
Sriharyni Prabhakar – Appellant
Versus
R.Dinesh Kumar – Respondent
A.No.2601 of 2025 in O.P.No.147 of 2024
For the Appellants/Petitioners: Mr.M.K.Kabir, Ms.K.Sumathi
For the Respondents: Mr.A.K.Sriram, M/s.A.S.Kailasam and Associates
The welfare of children is paramount; psychological counseling was deemed necessary due to emotional disturbances stemming from parental conflict.
Headnote:(A) Family Law - Custody of Children - The applicant petitioned for the psychological counselling of her children due to behavioral changes attributed to parental alienation by the respondent. The respondent opposed the application claiming the children's reluctance to meet their mother is due to verbal abuse experienced. (Paras 3, 4, 5)
(B) Children’s Behaviour - The court observed conflicting claims regarding the children's behavior during visitation, indicating emotional disturbances that necessitate counseling. (Paras 4, 7, 10)
(C) Court's Decision - The court, considering both parties' emotional states and the children's well-being, directed that the children receive counseling to address their emotional health while recognizing ongoing visitation rights for the applicant. (Paras 10, 9)
Result: Application allowed.
| Table of Content |
|---|
| 1. the application seeks direction for children's psychological counseling due to parental conflict. (Para 1 , 3 , 5) |
| 2. conflicting claims about children's behavior highlight the impact of parental separation. (Para 2 , 4) |
| 3. children's emotional health requires counseling, with consideration for ongoing visitation rights. (Para 6 , 9 , 10) |
ORDER
This Application had been filed to pass appropriate directions for referring the children, Harsha Devakaran and Dushyant Devakaran, aged 13 and 9 years respectively to psychological counselling by a child psychologist taking into consideration their emotional and mental well being.
2. Heard Mr.M.K.Kabir learned Senior counsel appearing for Ms.K.Sumathi, learned counsel appearing for the petitioner and Mr.A.K.Sriram learned Senior counsel appearing for the respondent.
3. The learned Senior counsel appearing for the applicant/mother would submit that the respondent herein who was asked to take care of the children, when she was away from India had without the permission of the applicant brought the children to Chennai and also admitted them in the school. Till such time, the children were in the custody of the applicant for almost 18 months after the respondent left Bangalore to Chennai. After taking the child to Chennai, the attitude of the respondent changed from co-parenting and has been trying to exclude the applicant from parenting the child by keeping away them from her, which forced her to come to this Court by filing this instant Original Petition.
4. The learned Senior counsel appearing for the applicant would submit that pursuant to the orders passed by this Court, when she had the custody of the children, the behaviour of the children was very arrogant, which would reflect the parental alienation instilled by the respondent in them. Referring to an incident during custody, where the younger son had broken the mobile phone of the applicant, he would submit that the children who were well mannered and well behaved, had changed their behaviour being in custody with the respondent. Hence, he would seek appropriate directions to refer the minor children to psychological counselling by a child psychologist for their better emotional and mental well being. Therefore, he prays this Court to allow this application as prayed for.
5. Countering his arguments, Mr.A.K.Sriram, learned Senior counsel appearing for the respondent at the outset would submit that such a request was orally made before the Division Bench in an Intra Court Appeal filed against the orders of this Court granting visitation to the applicant. The said request had been specifically denied by the Division Bench and hence, the present application ought not to be entertained. Further, he would submit that the minor children do not have any inclination to meet the mother or be with her for her verbal abuse of the children. He would further submit that the minor children has an apprehension that they may be threatened by the applicant. He would contend that the children behaviour after the visitation rights that was granted by this Court in May 2025 had drastically changed and that they have never so aggressively or unruly behaved in the past two years . He would reiterate the counter filed by the respondent that the younger son had been constantly crying and seems to have gone into a deep depression and after his return from the stay with the applicant. Such behaviour was also there during the year 2023 for which the children have also been treated. He would further submit that the wishes of the minor children have also to be considered by this Court. Hence, he prays this Court to dismiss the application as it only traumatizes the children for her.
6.I have considered the submissions made by the learned Senior counsels appearing on either side and perused the materials placed on record.
7.It is the claim of the applicant that she had experienced arrogant and unruly behaviour during the visitation of the minor chi