C. Vidhya Priya v. Debdatta Mandal

2025:MHC:1574

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07.2025 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR and C.M.P.No. 11153 of 2025 C.Vidhya Priya .. Appellant vs Debdatta Mandal .. Respondent Prayer : Appeal filed under Order XXXVI Rule 9 of OS Rules read with Clause 15 of Letters Patent against order dated 16.04.2025 made in Application No. 1197 of 2025 in O.P.No. 208 of 2024. For Appellant :

Mr.S.M.Sshriram Narayanan For Respondents :

Ms.Poongkhulali

JUDGMENT

(Delivered by Dr. ANITA SUMANTH.,J) This appeal has been filed challenging order dated 16.04.2025 wherein visitation rights have been granted to the parents for visitation of Idhant Mandal.

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2.

A joint memo dated 04.07.2025 have been filed by the parties reading as follows:- "It is submitted as follows:

1. The subject O.S.A. was filed challenging the order dated 16.04.2025 in A. No. 1197 of 2025 in O.P. No. 208 of 2024, wherein the learned single judge directed as follows:

"10. In fine, the Applicant/father is permitted to have the custody of the minor child from 03.05.2025 to 17.05.2025. The Applicant shall pick up the child on 10.00 am on 03.05.2025 and handover the child to the Respondent/mother at 04.00 pm on 17.05.2025. The Applicant is also permitted to have video conferencing on the Wednesdays of every week between 07.00 pm to 07.30 pm. The interim visitation right granted earlier shall stand modified. The Applicant shall have the interim custody of the child on every Sundays from 10.00 am till 04.00 pm. The Respondent shall not to present during such visitation." (sic)

2. The Appellant and Respondent entered into discussions through their counsels, and have now reached an agreement regarding the arrangement for the visitation. The parties have mutually agreed that the direction of the learned single judge at paragraph 10 of the impugned order (extracted above) in so far as it relates to the interim custody of the child on Sundays, may be modified, on the following terms:

a. The Respondent shall have unsupervised visitation of the minor child from 10 am to 4 pm on the 1st and 3rd Sunday and 2nd and 4th Saturday of every month. b. In case the child has school till 12 noon on a Saturday when the Respondent is to have unsupervised visitation of the child, the Respondent shall have unsupervised visitation from 12 noon to 6 pm on such 2/4

Saturday. The Appellant shall pick up the child from School on such Saturdays and immediately handover the child to the respondent.

c. During the periods of visitation detailed in points (a) and (b) above, the child shall have access to a feature phone (i.e. a button phone, as opposed to a smartphone or a touch screen phone) to communicate with the Appellant, if needed.

d. During the periods of visitation detailed in points (a) and above, the child will be dropped off/picked up by the appellant near the child's school gate.

3. It is therefore prayed that this Hon'ble Court may be pleased to take this joint memorandum on record, dispose of the present O.S.A. on the above mutually agreed terms, and thus render justice."

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Recording this, this Original Side Appeal is closed. No closed. Connected miscellaneous petition is closed. [A.S.M., J] [N.S., J] 04.07.2025 Index:Yes/No ssm To The Sub Assistant Registrar, Original Side, High Court, Madras.

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DR. ANITA SUMANTH, J.

and N.SENTHILKUMAR, J.

ssm 04.07.2025 4/4