CHENNAI: Complying with a directive of the Madras High Court, actor Vanitha’s nine-year-old son Vijay Shri Hari was produced before a division bench on Monday.
The bench comprising justices Elipe Dharma Rao and D Hariparanthaman, before which Shri Hari was produced by her first husband S Anand alias Akash, adjourned the matter till Thursday (December 16) when the matter is likely to be heard in-camera.
In his counter-affidavit, filed in response to the habeas corpus writ petition filed by Vanitha, Akash stoutly denied her allegation that he forcibly abducted the son on December 3 last. Due to estranged relationship and family quarrels between Vanitha and her parents, Vanitha voluntarily surrendered the custody of the son to him on November 7 last, as per the personal wishes of the minor.
The son narrated that he was unable to live with his mother due to ill-treatment, cruelty and irritations of his step-father. Ever since Shri Hari joined him on December 7, he was happily and comfortably living with the custody of Akash.
The atmosphere was not conducive for the maintenance of good mental and physical health of the son, who had expressed his constant psychological strain and made the intelligent preference to live with Akash. He prayed the court to order continuance of the legitimate custody of the son with him till he attained majority.
Meanwhile, Akash has also moved the Principal Family Court to restrain Vanitha from interfering with the peaceful custody of his son with him.
In his application filed on December 10 last, Akash submitted that originally Vanitha moved a family court with a divorce petition and the Second Additional Family Court in Chennai passed an ex-parte divorce order.
Challenging this, he filed a petition and the same was allowed. However, later, they filed a petition seeking divorce with mutual consent and the court granted divorce in June, 2007. As per the mutual agreement between the parties, the custody of Shri Hari was granted to Akash and the minor girl Jovika to Vanitha. Visitation rights were given to both the parties.
It was true that before a family court in Secunderabad, Akash agreed to give the custody of the son to Vanitha as she gave an undertaking that Shri Hari would be educated in an institution in New Zealand.
However, she did not keep her promise, Akash contended.
The second marriage of Vanitha with Anand Rajan had virtually disqualified her from having any preferential right over the custody of the son.
Vanitha never concentrated on the welfare of the son, who had refused to live with her, Akash added.