(rpt after change in last para) Chennai,Feb2,(PTI) The Madras High Court today directedthe first husband of actress Vanitha Vijakumar to take theirminor son for psychiatric evaluation as he is unwilling to gowith her as the court directed.
Expressing the court inability to hand over the child tohis mother, Justice V.Ramasuabramanian said �the case on thehand has posed the greatest challenge that I have everencountered in any of the child custody cases so far.Foronce,I found myself at my wit�s end at the hands of a nineyear old boy.�
Out of the wedlock between Vanitha Vijayakumar andAkash,a boy and girl were born.After their divorce, the twofought over custody of the boy in the Madras High Court.
The child was born on May 23 2001 and was with thebiological parents upto October 18 2005.The custody of the boywas handed over to Akash on June 9 2007 when their marriagewas dissolved by a decree of divorce passed by mutual consent.
Later she married one Anand. The boy was handed over toVanitha on June 25 2008 in pursuance of the consent orderpassed by the Family Court at Secunderabad.
While according to Akash,the child was handed over back tohim on November 7, 2010, but the mother said the child wastaken away from her on December 3 2010.Since then both werefighting to get the permanent custody of the child.
On January 21, the High Court directed Akash to hand overthe custody of the child to Vanitha.
In his order, the judge said "despite persuasions by me aswell as by the mother,the boy was very adamant and refused togo with the mother�. �It is possible that the child sufferedsome kind of abuse when it was with his biological mother andstep father.On the other extreme it is possible that thebiological father has tutored the child so well that it isputting up a stiff resistence to send a message across."
�Truth appears to be the worst casualty these days in allfamily disputes and it appears that truth lies somewhere inbetween the above two extremes.To find out where it lies,tothe extent that it is possible,I am of the view that the childcould be subjected to assessement by expert in the field," thejudge said.
Directing the father of the child to take him to Head ofDepartment of Child Guidance Clinic,Chennai ,the Judge saidthe doctor would examine the child with assistance of team ofexperts and requested to send report after assessment.
The Court ordered that both Akash and Vanitha should allowa free interaction for the specialists with the child withoutcausing any kind of interference.
"If the specialists so direct,the biological parents alsoshall rpt shall subject themselves to examination.Till areport is filed by the specialists,both parties are directedto maintain status quo and not precipitate matters," the Judgesaid.