Allow kids to stay with separated wife twice a week: HC to Tahsildar

MADURAI: The Madurai bench of Madras High Court directed a Flying Squad Tahsildar of Thoothukudi to allow his two children to be with his separate wife two days a week.

The couple (Tahsildar Gnanaraj and petitioner Gracy Vijaya) have two children but have been separated for over one year. Gracy Vijaya in a habeas corpus petition sought the court to direct the Thoothukudi police to produce her minor son Gnana Jerish (14) and daughter Fiona Maria (12) before the court and hand them over to her.

The petitioner’s counsel stated that originally the custody of the two children born out of the wedlock between the petitioner and the Tahsildar had been with the former alone.

At the time, visitation rights were given to the Tahsildar, who was the father of the children. All of a sudden, when the children returned from school, the children were taken by their father and are in his custody now.

Earlier, the petitioner had approached the court to file a domestic violence case last year. An order was also passed on February 8, 2023, whereby the Tahsildar was set ex parte and the custody of the children was given to the mother.

The Tahsildar also filed a petition to get custody of the children before the concerned Family Court, which is also pending consideration.

A division bench of Justice R Suresh Kumar and Justice KK Ramakrishnan, after hearing issued orders giving the visitation right to the petitioner in respect of the two children in pursuance of which the Tahsildar was directed to make available the two children to the petitioner for two days on every Monday and Tuesday.

As per the court’s direction, these arrangements should continue as an interim measure until further orders.