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Madras High CourtA/1918/2024allowed

Mrs.Vidhya Venkatesh v. B.S.Arunkumar

2024-04-08Honourable Mr Justice C.V. Karthikeyan4 pages

A.No. 1918 of 2024 And O.P.No. 366 of 2023 C.V.KARTHIKEYAN, J.

This application has been filed by the petitioner in the Original Petition seeking interim custody of the two minor children / her sons, who are now aged about 13 years and 10 years for a period of 30 days during the ensuing summer vacation.

2. The learned counsel for the respondent is also present.

3. It is informed that the school closes for the summer recess on 20th April 2024 and reopen around the first week of June 2024.

4. Taking all the factors into consideration, interim custody is granted for the petitioner in the Original Petition with respect to the two children Arya Arunkumar, aged about 13 years and Vrishab Arunkumar, aged about 10 years to have custody from 20th April 2024 till 15th May 2024. On 16th May 2024, the custody shall be handed over to the respondent in the Original Petition.

5. A request is also placed by the learned counsel for the respondent that there should be a permission to take the children out for vacation in any hill station within this country. Such permission is granted

but let him also be aware that he is responsible if at all anything amis happens. That would be taken as a factor while taking into consideration the decision to grant custody or not of the two children in the main Original Petition.

6. Let him take out the two children but ensure that they are back to attend the school on the very first day on the reopening. He may inform the petitioner in the Original Petition as to the place where he is taking the two children and also inform her about the particulars where they would stay and provide reasonable means of communication between the petitioner in the Original Petition and the two children to atleast converse over phone and if possible through video calls during the period of stay at such hill station.

7. It would always be advisable that, if the children during such visit express an inclination that the petitioner in the Original Petition should also be present, then she may also join for a short period.

8. With those conditions, this Application stands allowed.

Vsg 08.04.2024 (3/3) C.V.KARTHIKEYAN, J.

vsg A.No. 1918 of 2024 And O.P.No. 366 of 2023

08.04.2024 (3/3)