HC set aside orders directing estranged wife to offer tea to husband

CHENNAI: A division bench of Madras High Court set aside an order of a single judge directing a separated wife to give tea or snacks to her husband when he is visiting his wife’s place to see their daughter.

The bench of Justice Paresh Upadhyay and Justice Bharatha Chakravarthy passed the orders on allowing the appeal filed by the wife.

“The single judge, while attempting to facilitate visitation, is swayed away by what should be the conduct of the parties towards each other, including serving of snacks/tea to the other side,” judges held.

They further ruled that the direction needs to be interfered with the order of the single judge as prescribing such stipulations and many of the observations are less relevant for deciding the rights of the parties or addressing the grievances of the parties.

The petitioner challenged the order of the single judge asking the mother to stay in Chennai instead of her workplace to allow her husband to visit her daughter.

The woman noted that she is working at Gurugram and staying there. She further submitted that she had admitted her daughter to a school at Gurugram. Therefore, she is not in a position to stay in Chennai for the sake of the visitation of her husband.

She also noted that the order of the single judge did not decide upon the rights of the parties and rather preached what she should do.

Recording the submissions, the judges held that so far as visitation rights of the respondent father are concerned, the father may explore the possibility of going to Gurugram if he so wishes, with prior intimation.