A good family alone can create a good nation: Madras High Court
The Madras High Court stated that a good family alone can create a good nation.
Background
The marriage between the appellant and the respondent was solemnised at Vadapalani Murugan Temple, Chennai in accordance with Hindu rites and customs. Out of the wedlock between the appellant and the respondent, two daughters were born. The appellant is working as a Head Constable in Tamil Nadu Police Department and presently, she is posted at All Women’s Police Station, Thousand Lights, Chennai. The respondent is employed as a Junior Assistant in Tamil Nadu Electricity Board.. Due to misunderstanding and frequent quarrels between the appellant and the respondent, they filed a consent divorce application on the file of the Family Court and a decree of divorce by way of mutual consent was granted by the competent court.
Arguments
Advocate A.D. Janarthanan, appearing for the appellant, submitted that the respondent is a person of adamant nature and never considered her or her family members. He is a politically influential person and gave several complaints against the appellant in the Police Department itself with false allegations. With his personal influence, the respondent took the appellant to Redhills and admitted her in Ocean Rehabilitation Centre for mental treatment in July, 2014 without the knowledge and consent of the appellant, who was very much working in the Police Department.
He further added that her hands and legs were kept tied for two days by the staff of the Rehabilitation Centre. Thereafter, with the help of her mother and uncle, the appellant was released from the Rehabilitation Centre. Even after that, the appellant was continuously harassed by the respondent.
Advocate G.V. Sridharan, appearing for the respondent, objected to the said contentions by stating that the children are happy with the respondent/father. The interest of the children is being looked after by the sister of the respondent as the respondent is employed as Junior Assistant in Tamil Nadu Electricity Board.
He contended that the respondent is also a dutiful father and taking care of the children and education is also provided in a better manner to the children and therefore, the contentions of the appellant are incorrect.
Decision
The division bench of Justice S.M. Subramaniam and Justice J. Sathya Narayana Prasad noted that a decree of divorce was granted to the appellant and the respondent by way of mutual consent.
The court further observed that the O.P. was kept pending for 6 years and during these years, the children had to suffer as they were brought up by the respondent’s sister. Moreover, all the aspects and issues involved in custody matters were not considered by the O.P. Court.
The court said that it was necessary to examine the children, which it has done and ascertained that the minor children have expressed their willingness spontaneously to join with the mother and on joining with the mother, they were happy.
The court ordered that the custody of two minor children is handed over to the appellant/mother with immediate effect.
Case title: C. Shamilakumari v/s P. Chandrasekar
Citation: O.S.A. No. 142 of 2022 & C.M.P. No. 8712 of 2022
