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Madras High CourtA/5439/2022allowed

V.Asokan And Another v. M.V.Nandhinee

2022-11-30Honourable Mr Justice C.V. Karthikeyan4 pages

in O.P.No.649 of 2022 and A.No.4787 of 2022 C.V.KARTHIKEYAN,J., This application has been filed by the paternal grandparents of the minor child, Niralyaa, who was born on an unknown date since the date has neither been disclosed in the petition nor by the mother in the counter filed to any earlier petition.

2. It is evidently clear that the petitioners/paternal grandparents are not interested in the child and the respondent/mother is also not interested with the child. If they are have any interest on the child, the first information they would be disclosing would be the date of birth of the child.

3. Be that as it may, the father of the child, had apparently committed suicide and had died on 25.11.2021.

4. The present application has been filed seeking a direction to the respondent to bring the minor child to do Tharpanam on the date of thithi of the death of the father of the child, which falls on 14.12.2022. 1/4

5. It is stated that the petitioners herein have made plans to do necessary ceremonies at their house at Maduravoyal namely at No.201, 23rd Cross Street, 3rd Main Road, Krishna Nagar, Maduravoyal, Chennai 600 095.

6. A counter affidavit has been filed in the earlier application namely Application No.4787/2022, which was the application filed by the petitioner seeking interim custody of the child.

7. Now, in the present application, counter has not been filed. But however, the learned counsel raised very strong objections stating that the respondent has also decided to conduct thithi at her residence at No.207/16, Vallalar Nagar, Koothapakkam, Cuddalore 607 602.

8. The child will necessarily have to perform necessary ceremonies for the dead father. The grand parents and the mother who are the petitioners and the respondent, must realise their responsibility to ensure that the ceremony is performed, keeping in mind the fact that such ceremony is for the benefit of the entire family and that the child must be permitted to perform the ceremony.

9. I am not able to reconcile to one ceremony being conducted at Maduravoyal and another ceremony being conducted at Cuddalore. I hope that at least in this issue, the petitioners and the respondent will join 2/4

together to do one common ceremony and the said ceremony to be done by the child herein.

10. But the nature of arguments presented, show that such situation can never happen. There is no meeting of minds on that particular aspect.

11. The respondent, may therefore allow her daughter to be present with the petitioners in the morning on 14.12.2022 and allow her to participate in the ceremony of her own father at his father's residence.

12. Even though, a counter has not been filed the said direction is issued. If before 14.12.2022, both the parties come to any further arrangements or any common arrangement, necessary application can be filed seeking modification of the said order.

13. The application stands allowed.

30.11.2022 ssi 3/4

C.V.KARTHIKEYAN,J., ssi in O.P.No.649 of 2022 30.11.2022 4/4