Case: Smt. N. Nirmala Vs. Nelson Jeyakumar

1. Leave granted. 2. We have heard the appeal finally by consent of learned counsel for the parties. 3. The question involved in this appeal is about the custody of a minor daughter. The respondent-father was permitted to continue the custody as legal guardian. Learned Single Judge of the High Court confirmed the custody of the minor daughter with the father but gave visiting rights to the appellant-mother in search of actual order passed by learned Single Judge, the appellant-mother in search of actual order of custody, went in appeal. The Division Bench of the High Court by the impugned judgment while dismissing the appeal has deprived the appellant of her visiting right for which there was no cross-objection on the part of the respondent. In our opinion, such a further adverse order against the appellant was not justified. The interest of justice will be served if the order of the learned Single Judge continuing the custody of the minor child with the respondent and as confirmed by the Division Bench is maintained subject to the modification that visiting right which was denied to the appellant by the Division Bench be continued.

Decision reasoning: 1[ds]In our opinion, such a further adverse order against the appellant was not justified. The interest of justice will be served if the order of the learned Single Judge continuing the custody of the minor child with the respondent and as confirmed by the Division Bench is maintained subject to the modification that visiting right which was denied to the appellant by the Division Bench be continued.