Citation : 2026 Latest Caselaw 2735 Mad
Judgement Date : 22 May, 2026
A No. 2125 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-05-2026
CORAM
THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN
A No. 2125 of 2026 & A NO. 1106 OF 2026
in
OP No. 223 OF 2025
Navaneeth Madhavan
..Applicant in both Applications
Vs
J.Nandhini
..Respondent in both applications
A No. 2125 of 2026
To grant the Applicant/Petitioner to have the interim custody of the
minor male child Nikhilesh born on 07/09/2022, aged about 3 years and 8
months, during the Summer Vacation from 15th May, 2026 to 5th June 2026
filed under the Guardians and Wards act.
A No. 1106 of 2026
To grant the Applicant/Petitioner to have the interim custody of the minor
child Nikhilesh born on 07/09/2022, aged about3 years and 5 months, during the
Summer Vacation inclusive of the Tamil New Year holiday from 14th April
2026 to 31st May, 2026.
For Applicant : Mrs.K.Sumathi
For Respondent : Mr.Nithianandam
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A No. 2125 of 2026
Common Order
The reliefs sought for in both these applications are more or less identical.
One seems to have been moved before the vacation seeking direction from the
court to take custody of the child from 14 th April 2026 to 31st May 2026. The
second application has been moved during the vacation seeking interim custody
of the child from 15th May 2026 to 05th June 2026.
2. When these applications were taken up by this Court on 14.05.2026, a
representation was made by Mr.Nithianandam that the child has gone for an
“educational tour” to New Delhi. Hence, the matter was listed before this Court
on 20.05.2026. On that date, it was represented that the child is still in New
Delhi. This Court shared the same view as taken by Mr.Justice N.Senthilkumar
as to how the child of 3 ½ years old went to New Delhi for an educational tour.
Hence, a direction was given calling upon the respondent to be present before
this Court, together with the child, on 22.05.2026. The applicant was also called
upon to be present.
3. In obedience to the direction, the parties were present before the Court.
4. I have interacted with both the applicant as well as the respondent.
Being a petition under Guardian and Wards Act, this court is concerned only
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with the best interests of the child. The child seems to be comfortable with the
company of the father and the mother is also not averse to the father spending
quality time with the child. Her only apprehension was that the child might not
be taken care of in a proper manner, when he is in the custody of the applicant.
5. Mrs.K.Sumathi representing the applicant states that on an earlier
occasion i.e., on 12.04.2026, the child had stayed overnight with the father and
did not report any discomfort. Mr.Nithianandam, too, states that the statement
of Mrs.K.Sumathi is correct.
6. The respondent, Mrs.Nandhini, states that the child had reported that it
had fallen down in the bathroom and adequate medical treatment had not been
given to it. Mr.Navaneeth Madhavan states that it was a minor incident which
happened, as in the case of any other child. He states that he had inspected the
child and did not find any bruise at the time of fall and left it as it is. I am
inclined to accept the version as given by Mr.Navaneeth Madhavan.
7. It is not in dispute that the child is in the custody of the mother. The
child must not be in a situation that he grows up without knowing as to who his
father is and how his father treats him. As already pointed out, Mrs.Nandhini is
not averse to the child spending some time with the father, but she only suffers
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from an apprehension about the child spending a prolonged period as sought for
in the application.
8. She also states that her father, Mr.Jaganathan is due to retire in July
2026 and that her paternal family is going to settled down at Thiruppukuzhi in
Kancheepuram District. She states that she had also made an arrangement to
admit the child at Janus Global Senior Secondary School at Kilambi. This place
is very close to Thiruppukuzhi. She states that the interaction between herself
and the school authorities is to take place on 24.05.2026.
9. Taking into consideration the aforesaid facts and circumstances, this
court passes the following directions:
(i) Both the applicant and the respondent will go over to the aforesaid
school, along with the child, at 9 am or some other time, that the school calls for
an appearance of the parents of the child on 24.05.2026.
(ii) After the interaction is over, the child will be with the father on
24.05.2026, 25.05.2026 and 26.05.2026.
(iii) During the time the child is with the father, the mother will be
entitled to make phone calls/video calls to interact with the child. The
applicant/father shall not obstruct the call so made and make the child
communicate with the mother so as to give her the assurance as to how well the
child is faring at his father’s house.
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(iv) Depending upon how the child is faring in the custody of the father,
this court will decide about the further extension for 27.05.2026, 28.05.2026
and 29.05.2026.
10. Call these applications on 27.05.2026
22-05-2026 nl
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V.LAKSHMINARAYANAN J.
nl
A No. 2125 of 2026 & A No. 1106 OF 2026 in OP No. 223 OF 2025
22-05-2026
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