Saraswathi v. R.Supriya

A.No.2213 of 2022 in O.P.No.10 of 2020 KRISHNAN RAMASAMY, J., This Application has been filed by the applicant/grandmother to handover the custody of the minor Childen viz., R.Sarvesh and R.Sakshitha on 11.07.2022 at 7 a.m to be taken to her residence for attending the annual death ceremony of Raghuvaran, father of the minor children and hand them over back to the respondent at 6 p.m on the same date.

2.The applicant is the Grandmother of the minor children. The applicant's son had passed away. Now the children are in the custody of their mother viz., R.Supriya, the respondent herein. This Court vide order dated 17.03.2020, granted interim custody of the minor children on every Saturday in favour of the applicant herein. Since the 5th annual death ceremony of the Raghuvaran, father of the minor children falls on 11.07.2022 (Monday), the applicant/grandmother filed the present application for custody of the minor children to perform the ceremony. 1/4

3.The learned counsel appearing for the applicant submitted that she would perform ceremony/poojas after 12.00 p.m. Therefore, the applicant seeks custody of the children on 11.07.2022, from 12.00 p.m to 05.30 p.m.

4.The learned counsel appearing for the respondent submitted that the respondent also performing ceremony/poojas on 11.07.2022, therefore, she also needs children during ceremony. However, in para No.9 of the counter filed by the respondent, she fairly stated that she has no objection to send her children to participate in the 5th annual death ceremony of her husband being performed by the applicant at her matrimonial house.

5.In view of the above submission, this Court is of the view that, it would be appropriate to permit the applicant to take custody of the minor children viz., R.Sarvesh and R.Sakshitha on 11.07.2022 at 12.00 2/4

noon and drop them back at 05.30 p.m on the same day, at the house of the respondent without fail.

6.With the above observation, this application is closed. 27.06.2022 rst Note: Issue Order Copy on 29.06.2022.

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KRISHNAN RAMASAMY, J., rst A.No.2213 of 2022 in O.P.No.10 of 2020 27.06.2022 4/4