SUGIRTHA Vs. GOWTHAM

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal arising from the Special Leave Petition No. 18240 of 2024 challenges the validity of the judgment dtd. 21/3/2024 passed by the Madras High Court's Madurai Bench in C.M.A. (MD) No. 118 of 2024. The High Court, through the impugned order, has dismissed the appellant-mother's miscellaneous appeal and upheld the interim visitation rights granted to the respondent- father and modified the directions passed by the Family Court.

(3.) Facts giving rise to the present appeal are that the parties herein got married on 9/9/2021 and a daughter was born to them on 6/6/2022. Shortly after birth of the child, in June 2023, the appellant filed a petition for dissolution of marriage under Sec. 13(1)(ia) of the Hindu Marriage Act, 1955 [In short, the "HMA"], on the ground of cruelty. Appellant in her petition contended that the respondent had continuously been committing domestic violence on her as well as the child. He had deserted them on 1/7/2022, and when he returned later, he attempted to kill them on 16/8/2022. She has also asserted that he would also beat up the child for absolutely no reason. She further submitted that the parties have been living separately since 18/8/2022.