G.Arunachalam Vs M.Chithra — Madras HC (2025) — LawSathi Research

G.Arunachalam Vs M.Chithra — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim visitation rights granted to the applicant (father): two hours every Sunday between 10.00 am and 12.00 pm, picking up the minor child from the respondent's residence at 10.00 am and handing her back there at 12.00 pm; the arrangement to continue pending disposal of O.P. No. 289 of 2025. The request to take custody of the child was not granted at this stage.

Issue for consideration

Whether the applicant (father/natural guardian) should be permitted visitation access to, and custody of, his minor daughter who is residing with the respondent, while O.P. No. 289 of 2025 remains pending.

Court's answer

On interaction with the minor child in Chambers, the Court found that the child recognises her maternal aunt and her husband as her parents and is comfortable staying with them, along with her grandmother and cousins.

Ratio / Principle

The Court found that the minor child is apprehensive of the respondent in view of past events.

Key takeaways

The Court observed that the father-applicant, as natural guardian, would have to make the child comfortable by instilling trust in her.obiter¶24
Visitation of the minor child was granted to the applicant for two hours on Sundays between 10.00 am and 12.00 pm, with the applicant entitled to pick up the child from the respondent's residence at 10.00 am and hand her back there at 12.00 pm on the same day.ratio¶24
Custody of the minor daughter was not transferred to the applicant at this stage; only the Sunday visitation arrangement was ordered, and it shall continue pending disposal of the O.P.

Detailed headnote1 paragraphs

Madras High Court (K. Kumaresh Babu, J.) — Order dated 18-08-2025 in A No. 2373 of 2025 in O.P. No. 289 of 2025 (custody/visitation): Having interacted with the minor child in Chambers and found her comfortable with her maternal aunt, her husband, grandmother and cousins, but apprehensive of the respondent, the Court disposed of the applicant-father's interim application by granting him visitation of the minor child for two hours every Sunday between 10.00 am and 12.00 pm, with pick-up from the respondent's residence at 10.00 am and handover there at 12.00 pm; the arrangement shall continue pending disposal of the O.P. The prayer to take custody of the child was not acceded to at this stage, the Court observing that the father, as natural guardian, must first make the child comfortable by instilling trust in her.

A NO. 2373 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-08-2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

A No. 2373 of 2025

IN

OP No. 289 of 2025

G.Arunachalam

S/o.Gopal, No.49/15, Gangai Amman Koil Street, Jafferkanpet, Chennai - 600 083.

Applicant(s)

Vs

M.Chithra W/o.Manoharan, No.22/23, Vellalar Street, Opposite to EB Office, Malayambakkam, Chennai - 600 095.

Respondent(s)

For Applicant(s): Mr.V.Sundarraman For Respondent(s): Mr.P.S.Annapoorani

ORDER

The present application has been filed to allow the applicant to visit his minor daughter every Saturday and Sunday and to take the custody of the minor daughter from the respondent.

2.Heard the learned counsels appearing on either side.

3.The pleadings have been completed in the Original Petition.

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4.I had interacted with the minor child in my Chamber's today. The child is presently

undergoing education at MGR Adarsh Senior Secondary School at East Mogappair. The child recognises her maternal aunt and her husband as parents of her and she had also expressed that she is comfortable with them and also enjoys her stay with them and her grandmother along with her cousins.

5.The child is also apprehensive of the respondent in view of the past events.

6.The father/ applicant being the natural guardian would have to make the child to be comfortable by instilling trust in her. To meet the same, this Court is of the view that the applicant can be granted visitation of the minor child for two hours on Sundays between 10.00 am to 12.00 pm. He would be entitled to pick up the minor child from the residence of the respondent at 10.00 am on every Sunday and he shall handover the child at 12.00 pm on the same day. This arrangement shall be continued pending disposal of the O.P.

7.In fine, the present application stands disposed of on the terms indicated above.

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18-08-2025

Gba (1/2)

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