Elizabeth Solomon v. Matthias Solomon
O.A.No.571 of 2021 in O.P.No.606 of 2021 V.PARTHIBAN.,J.
Seeking an order of interim injunction restraining the respondent, from interfering in any manner with the counselling and therapy sessions of the minor children (i)Rebekah Deepika Solomon (female) (ii) Nina Roshini Solomon (female) (iii) Meira Divya Solomon (female) and (iv) Joel Avner Solomon (male) all born on 13.12.2007 and presently aged 13 years pending disposal of the main OP, the present Original Application is filed.
2. Perused the documents and heard the learned counsel appearing for the applicant. There is no appearance on behalf of the respondent.
3. The O.P. has been filed to appoint the petitioner as Guardian and to grant permanent custody of the minor children to the petitioner herein. The learned counsel for the applicant would submit that the applicant/petitioner is the natural guardian and mother of children and are residing in Texas, USA. He would further submit that the respondent/father used to sexually and mentally abuse the minor children when they were in USA. Since, all the children were extremely affected by the respondent's conduct, they started going
to mental health therapy sessions from 05.04.2019. When the respondent came to know that the minor children were undergoing counseling, the respondent stated that it was not required and abruptly stopped the sessions. In July, 2021 when the applicant came to know that her mother was diagnosed with cancer, the applicant along with four children have come to their residence in Chennai to look after her mother.
4.The learned counsel for the applicant would further submit that the minor male child is undergoing treatment with a Psychiatric Social Worker who is also a behavioral Therapist and has been diagnosed with Post Traumatic Stress Disorder. The minor girl children are also undergoing counseling with Ms.Andrea Kristina Nirmal. It is imperative for the children to attend complete sessions for them to relax and behave like children once again. Therefore, she has come up with the present Application restraining the respondent from interfering in any manner with the counseling and therapy.
5. In view of the above facts and circumstances of the case, this Court is of the view that the applicant/plaintiff has made out a prima facie case and the balance of convenience is also in favour of the applicant/plaintiff.
6.In the said circumstances, there shall be an order of interim injunction, restraining the respondent, from interfering in any manner with the counseling and therapy sessions of the minor children (i)Rebekah Deepika Solomon (female) (ii) Nina Roshini Solomon (female) (iii) Meira Divya Solomon (female) and (iv) Joel Avner Solomon (male) till 28.10.2021. Notice to the respondent returnable by 28.10.2021. Private notice is also permitted. 20.09.2021 mrm Note: Issue Order copy today (24.09.2021)
V.PARTHIBAN.,J.
mrm O.A.No.571 of 2021 in O.P.No.606 of 2021 20.09.2021