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Madras High CourtA/1781/2019ordered

S.D.Gaxton S/O.C.S.Dhas v. Sophia P Mercy W/O.S.D.Gaxton

2019-04-30Honourable Mr Justice R. Subramanian5 pages

Appl.No.1781 of 2019 in OP No.1056 of 2018 R.SUBRAMANIAN.J., This application has been filed seeking to refer the minor children G.S.Jonathan Peter and G.Jessica Kaitlyn for Psychological assessment and to follow up therapy by a Paediatric Psychologist.

2. The applicant is the father of the children. He has filed the Original Petition in OP.No.1056 of 2018, seeking custody of the children. He has also sought for interim custody of the children during Christmas holidays and other holidays.

3. In response to those applications, the wife/respondent had made a slew of allegations which according to the applicant are contrary to truth. He has specifically denied the allegations that he had treated the wife and the children cruelly. The father was unable to meet the children after 15.03.2018. As per the directions of this Court, the children were produced before me and I had interacted with them. During the said interaction, I found that the children have been tutored with a view to alienate them from the father. Since the children expressed that they did not want their father

to even visit them periodically, I have not passed any order on the visitation as claimed. Shocked by the behavior of the children when they were produced in the chamber, the father has come out this application seeking to refer the children to the Child Psychologist for Psychological assessment and further treatment.

4. From the way, the children behaved during the interaction with me in my chambers, I had also found that there is an attempt to wean away the children from the father thereby creating parental alienation, which in my considered opinion may not be in the interest the children and their future. Hence, I find that the request of the father is reasonable and the children should be referred for Psychological assessment.

5. The learned counsel for the applicant Ms.A.Arulmozhi has suggested Dr.Sangeetha Madhu, Child Psychologist, having her clinic at No.21/1, 5th Cross Street, C.I.T.Colony, Mylapore, Chennai 600 004, for referring the children.

6. Considering the behavior of the children as well as the averments made in the affidavit filed in support of the application, this application is allowed. Children are referred to psychological treatment Dr.Sangeeth

Madhu. The father shall get an appointment and inform the same to the learned counsel for the respondent. The learned counsel for the respondent is directed to ensure that the children are produced before the Doctor for psychological evaluation and the mother shall cooperate in such evaluation and further course of treatment. It is made clear that the cost of the treatment shall be borne by the father.

7. The psychologist is requested to complete the assessment as early as possible and file a final or preliminary report on her assessment before this Court in a sealed cover by 24.06.2019.

8. Post on 24.06.2019.

30.04.2019 jv

R.SUBRAMANIAN.J., jv Appl.No.1781 of 2019 in OP No.1056 of 2018 30.04.2019