Madras High Court
C.Arvind Babu vs R.Praneswari @ Priya on 15 October, 2025
Author: S.M.Subramaniam
Bench: S. M. Subramaniam, Mohammed Shaffiq
2025:MHC:2412
OSA No. 329 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
OSA No. 329 of 2025
C.Arvind Babu
Appellant(s)
Vs
R.Praneswari @ Priya
Respondent(s)
PRAYER
Original Side Appeal has been filed under Order XXXVI Rule 9 of the Original
Side Rules, 1994 and Clause 15 of Letters Patent of 1865, praying to set
aside fair and decretal order 03.01.2025, passed in O.P.No.516 of 2024.
For Appellant(s): Mrs.Geeta Ramaseshan
For Respondent(s): Mr..Krishna Ravindran
Page 1 of 6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/10/2025 07:18:57 pm )
OSA No. 329 of 2025
JUDGMENT
(Judgment was delivered by S.M.Subramaniam J.)
The present Original Side Appeal has been instituted challenging the
rd
order dated 3 January, 2025 passed in O.P.No.516 of 2024. The petitioner is
the appellant before this Court. He preferred an O.P. to declare him as a
guardian of his minor daughter Tanvi and grant permanent custody of the
minor.
2. The learned Single Judge dismissed the petition on the ground that
the minor girl is aged about 4 years and presently with custody of her mother.
3. Section 6(a) of the Hindu Minority and Guardianship Act, 1956
enumerates that “in the case of a boy or an unmarried girl – the father, and
after him, the mother; provided that the custody of a minor who has not
completed the age of five years shall ordinarily be with the mother”.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/10/2025 07:18:57 pm )
4. Since the minor girl is 4 ½ years old, the learned Single Judge is right
in dismissing the petition on the ground that the child is with the custody of the
mother right from her birth.
5. The learned counsel for the appellant would mainly contend that both
the parties are well educated and placed in a better position. The appellant is
a Doctor, who is a specialist in Ophthalmology. The respondent/mother is
working as a Director in a Company.
6. The appellant states that it would be suffice, if he is permitted to have
visitation right. To prove his bonafide, he undertakes to deposit a sum of Rs.15
Lakhs within a period of one (1) week from today and the said amount will be
deposited in any one of the Nationalised Bank under interest bearing deposit
scheme in the name of the minor girl Tanvi. Another Rs.15 Lakhs will be
deposited within a period of six (6) months from today in the name of the
minor girl in the same Nationalised Bank, and the deposits will be renewed
periodically until the minor attains the age of majority.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/10/2025 07:18:57 pm )
7. The respondent/mother has no serious objections to provide
visitation right. The parties have now agreed that visitation right may be
nd th
exercised twice in a month i.e., every 2 and 4 Saturdays of English
Calender month at Happy Hub, Mandaveli, Canal Bank Road, RA Puram,
Chennai, from 01:00 P.M to 3:00 P.M. The parties both present before this
Court agreed that they will honor their undertaking given before this Court.
The respondent would also submit that she will be liberal in respect of the time
limit, if the child is willing to spend more time with her father.
8. In view of the said understanding between the parties, no further
adjudication needs to be undertaken. Consequently, the order dated
03.01.2025, passed in O.P.No.516 of 2024, stands modified to the extent of
providing visitation rights to the appellant as stated above.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/10/2025 07:18:57 pm )
9. Accordingly, the Original Side Appeal stands disposed of. No cost.
(S.M.SUBRAMANIAM J.)(MOHAMMED SHAFFIQ J.)
15-10-2025
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
Jeni
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/10/2025 07:18:57 pm )
S.M.SUBRAMANIAM J.
AND
MOHAMMED SHAFFIQ J.
Jeni
15-10-2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/10/2025 07:18:57 pm )
