Madras High Court
C. Soundararajan … vs M. Karthika … on 21 July, 2025
O.P. No. 354 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 21.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE K. KUMARESH BABU
O.P. No. 354 of 2024
and
A. Nos. 2982 of 2024, 2526 & 2527 of 2025
C. Soundararajan … Petitioner
Vs.
M. Karthika … Respondent
PRAYER: Original Petition filed under Section 25 of the Guardian and
Wards Act and under Order XXI Rule 2 & 3 of Original Side Rules r/w
Clause 17 of the Letters Patent Act, prayed
a) to grant permanent custody of the minor child S. Dharanish, born
on 13.09.2018 now aged about six years to the petitioner herein;
b) Pass such other further order.
For Petitioner : Mrs. R. Sumithra Chakkaravarthi
For Respondent : Mr. L. Mouli
ORDER
Today, when the matter is taken up, the learned counsel appearing on behalf of the petitioner had placed on record an affidavit filed by the petitioner wherein, he had indicated that he was interested in the development of the child and that he would not insist upon the present 1/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/08/2025 07:05:33 pm ) O.P. No. 354 of 2024 petition seeking for a permanent custody and would want to improve the relationship between himself and minor child and also made averments seeking for a definite parenting plan. The said affidavit is taken on record.
2. Learned counsel appearing for the respondent would vehemently oppose the parenting plan suggested by the petitioner.
3. From a reading of the petition, it could be seen that the petitioner was not with the minor child and was not in comfort with the father and had been only living with the mother. Further, the petitioner himself indicates that in August 2021, there was a re-union between the petitioner and respondent which was for a short span and during which time the minor child had been in the care and custody of the petitioner.
4. It is true that the non-custodial parent should be effectively engaged in co-parenting of the minor which would be in the interest of the minor. 2/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/08/2025 07:05:33 pm ) O.P. No. 354 of 2024
5. However, considering the facts of this case, this Court is not inclined to entertain the request made by the petitioner for co-parenting. However, the petitioner may after some time approach this Court for co- parenting which could be assessed by the subsequent relationship with the minor child.
6. Considering that the petitioner has now given up his claim for guardianship and permanent custody of the child, there is no necessity to adjudicate the petition.
7. However, since the petitioner had also sought for co-parenting, which this Court is of the view that it would not be advisable at present and grants the petitioner the following visitation rights which would have an effect of improving the bonding between the minor son and father, who is a non- custodial parent.
8. In fine, the O.P. stands disposed of on the following terms;
i) The petitioner would be entitled to have the custody of the minor child to 50% of the vacation during the summer vacation and the extended holidays.
3/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/08/2025 07:05:33 pm ) O.P. No. 354 of 2024
ii) The petitioner would have a right of visitation of the minor child during the major festivals and also on the birthday of the minor child.
iii) The respondent shall provide video conferencing platform to the petitioner enabling him to have video conferencing with the minor child on every Wednesdays and Saturday between 6.00 pm and 8.00 pm and shall also ensure that such video conferencing would be made effectively at least for a minimum of 30 minutes per day.
Consequently, connected applications are also closed.
21.07.2025 Index :Yes/No Neutral Citations: Yes/ No AT 4/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/08/2025 07:05:33 pm ) O.P. No. 354 of 2024 List of witnesses examined on the side of the petitioner:
PW1- Mr. C. Soundararajan List of documents marked on the side of the petitioner:
Ex.P1 The original marriage invitation
Ex.P2 The original marriage photo
Ex.P3 The original birth certificate of the minor child
Ex.P4 The photocopy of the post office savings bank - passbook
Ex.P5 The photocopy of the LIC Policy copy and yearly payment
receipts
Ex.P6 The photocopy of the proofs of post office registered parcel and
money orders
Ex.P7 The photos of the child
Ex.P8 The photocopy of the residence proof of the petitioner
Ex.P9 The photocopy of the residence proof of the respondent
21.07.2025
AT
5/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/08/2025 07:05:33 pm )
O.P. No. 354 of 2024
K.KUMARESH BABU,J.
AT
O.P. No. 354 of 2024 and
A. Nos. 2982 of 2024, 2526 & 2527 of 2025
21.07.2025
6/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/08/2025 07:05:33 pm )