S.D.Gaxton v. Sophia P Mercy

in O.P.No.1056 of 2018 C.V.KARTHIKEYAN , J.

There are two children. A Boy aged 14 years and girl aged 8 years.

2. Application No.2886 of 2022 had been filed, seeking to refer the two children for psychological assessment.

3. The minds of a child at that particular age would be in an evolving process and there must be some liberty granted for the mind to evolve by itself. There could not be any psychological assessment at that particular age. It would only bring about a negative influence on the two children.

4. In this particular application, an order had been passed in the main Original Petition wherein, the father can visit the children on every Sunday between 11.00 a.m and 2.00 p.m.

5. It is stated that this frequent visit only obstructs the attitude towards education of the children.

6. The learned counsel has therefore filed an application in A.No.3760 of 2022, to modify the said order.

1/4

7. It is stated that the order shall be modified, to permit the visitation rights once every month.

8. I would rather permit visitation, instead of once on every Sunday as directed to once every alternate Sunday and retain the same timing.

9. Let some time gap be given to the children to also think for themselves and this time gap would be beneficial for all namely the father, the mother and also for the children.

10. In the result, this application No.3760 of 2022 is disposed with the above orders passed, modifying the visitation rights to once in two weeks rather than once every week.

11. It is also informed that there is an online visitation rights granted every Friday between 5.00 p.m. and 6.00 p.m. That is also altered to once in every two weeks.

12. It must be stated that young children must be left to themselves. A boy aged 14 years would be more happy being with his friends and his schoolmates rather than wholly with his mother or his father. A girl aged 8 years will have to discover the world by herself and for that a better influence would be her school friends and teachers in the school, particularly when the parents are locked in an adversial litigation.

2/4

13. The visitation rights may therefore be spread once in every two weeks.

14. The applications are disposed.

14.09.2022 (1/3) ssi 3/4

C.V.KARTHIKEYAN , J.

ssi 14.09.2022 (1/3) 4/4