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Husband Has Full Right To Visit His Child After Divorce: Madras High Court

Judge Lakshminarayanan said that the court cannot interfere with a husband's right to see his child after divorce, as per the Hindu Marriage Act, 1955.

Judge Lakshminarayanan said that the court cannot interfere with a husband's right to see his child after divorce, as per the Hindu Marriage Act, 1955.
The Madras High Court passed the order on Monday, November 4 (ANI)
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By ETV Bharat English Team

Published : Nov 5, 2024, 10:47 AM IST

Updated : Nov 5, 2024, 11:07 AM IST

Chennai: The Madras High Court, in an order on Monday, said a man has the right to see his child after separation from his wife, dismissing a plea by a woman who had requested the court to bar her husband from seeing their baby.

Ambika and Suji had gotten married in 2011 as per the Hindu Marriage Act, 1955 and welcomed a baby girl in 2013. However, soon after the couple's marriage ended in a divorce and the mother got custody of the newborn.

Ambika moved a city court demanding that her husband pay the child's medical expenses, education fees, and monthly maintenance amount as she was the sole caregiver of the child.

The court, while hearing the case, ordered Suji to pay Ambika Rs 40,000 per month for the child's medical and educational expenses but allowed him to have visitation rights and see the child once every month.

Following it, Ambika filed an appeal in the Madras High Court challenging the city court order. Dismissing Ambika's appeal, High Court Judge Lakshmi Narayanan said, "According to the Hindu marriage act, the husband has full right to see the child. The court cannot interfere with that right. It is better for the child to grow up knowing its father".

Read More:

  1. Udhayanidhi T-Shirt Issue: Is There Dress Code for Ministers? Madras High Court Asks TN Govt
  2. Shariat Council Not A Court, Can't Issue Divorce Certificate: Madras High Court
  3. Estranged Couples Don't Have To Appear In Person To Seek Divorce On Mutual Consent: Madras HC

Chennai: The Madras High Court, in an order on Monday, said a man has the right to see his child after separation from his wife, dismissing a plea by a woman who had requested the court to bar her husband from seeing their baby.

Ambika and Suji had gotten married in 2011 as per the Hindu Marriage Act, 1955 and welcomed a baby girl in 2013. However, soon after the couple's marriage ended in a divorce and the mother got custody of the newborn.

Ambika moved a city court demanding that her husband pay the child's medical expenses, education fees, and monthly maintenance amount as she was the sole caregiver of the child.

The court, while hearing the case, ordered Suji to pay Ambika Rs 40,000 per month for the child's medical and educational expenses but allowed him to have visitation rights and see the child once every month.

Following it, Ambika filed an appeal in the Madras High Court challenging the city court order. Dismissing Ambika's appeal, High Court Judge Lakshmi Narayanan said, "According to the Hindu marriage act, the husband has full right to see the child. The court cannot interfere with that right. It is better for the child to grow up knowing its father".

Read More:

  1. Udhayanidhi T-Shirt Issue: Is There Dress Code for Ministers? Madras High Court Asks TN Govt
  2. Shariat Council Not A Court, Can't Issue Divorce Certificate: Madras High Court
  3. Estranged Couples Don't Have To Appear In Person To Seek Divorce On Mutual Consent: Madras HC
Last Updated : Nov 5, 2024, 11:07 AM IST
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