← Library
Madras High CourtA/3740/2023closed

Mrs.Vidhya Venkatesh v. B.S.Arunkumar

2023-08-25Honourable Ms Justice R.N.Manjula2 pages

A.No.3740 of 2023 in OP.No.366 of 2023 A.No.3740 of 2023 in OP.No.366 of 2023 R.N.MANJULA, J This application has been filed by the applicant/petitioner, who is the mother of the minor children Arya Arunkumar and Vrishab Arunkumar, aged 13 years and 10 years respectively.

2. The learned counsel for the petitioner submitted that both the children are presently under the custody of the respondent and the respondent had agreed some point of time that he would be willing for coparenting by leaving the children during weekends at the petitioner's residence, but now he has retracted from following the said understanding.

3. The learned counsel for the respondent submitted that the petitioner is just residing on the same compound but in a different block and hence, the children are freely going and visiting their mother. It is further submitted that the elder son is refusing to go and stay with the mother and it is not the respondent who stops him.

4. As per the submissions of both sides, it is understood the second boy does not have any hesitation and he is comfortable to go and interact https://www.mhc.tn.gov.in/judis 1/2

A.No.3740 of 2023 in OP.No.366 of 2023 R.N.MANJULA, J kmi with the mother, who is in the next block. Since the children are under the custody of the respondent for a long time, there may be some parental alienation sofar as the first son is concerned.

5. Taking into consideration of the proximity of the residence of both the petitioner and the respondent, I feel it is appropriate to direct the respondent to leave both the children for one weekends at the mother's residence to stay there and the respondent can keep the children during the next weekend. This alternate weekend arrangement can go on until further orders. During week days, the children are at liberty to go and visit the mother as and when they wish and if they opt to stay at mother's house also, the respondent will not prevent them from staying with the mother. If the parties find any difficulty in implementing the order, they are at liberty to seek any modification.

6. Accordingly, this application is closed.

25.08.2023 (2/3) kmi A.No.3740 of 2023 in OP.No.366 of 2023 https://www.mhc.tn.gov.in/judis 2/2