O.Shyam Vs P.Shirly Delphin — Madras HC (2025) — LawSathi Research

O.Shyam Vs P.Shirly Delphin — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Consent-based interim visitation arrangement: the respondent is to produce the minor children every First Sunday of the English Calendar month at 4.00 p.m. at VR Mall, Koyambedu, Chennai; the petitioner may visit them from 4.00 p.m. to 6.00 p.m., offer them eatables, toys and dress materials, and thereafter hand their custody back to the respondent/mother; the arrangement continues till disposal of the main Original Petition.

Issue for consideration

Whether the applicant should be granted interim custody of, or a visitation/access arrangement in respect of, the minor children Jason Ron Samuel (aged 5) and Issac Ben Samuel (aged 4) pending disposal of the main Original Petition O.P.No.518 of 2024.

Court's answer

After elaborate arguments, both sides' learned counsels agreed that the children be produced on every First Sunday of the English Calendar month at VR Mall, Koyambedu, Chennai at 4.00 p.m., with the petitioner having custody of the children till 6.00 p.m. and thereafter handing them over to the respondent; the court recorded this submission.

Ratio / Principle

The respondent is directed to produce the minor children Jason Ron Samuel and Issac Ben Samuel on every First Sunday of the English Calendar month at 4.00 p.m. at VR Mall, Koyambedu, where the petitioner can visit them.

Key takeaways

The petitioner can visit the children from 4.00 p.m. to 6.00 p.m. at VR Mall, Koyambedu.ratio¶29
During the visit the petitioner may offer eatables, toys and dress materials to the children, and after 6.00 p.m. the petitioner shall hand over custody of the children to the respondent/mother.ratio¶30-32
The above visitation arrangements shall continue till the disposal of the main Original Petition.ratio

Detailed headnote1 paragraphs

Madras High Court (P. Dhanabal, J.) disposed of, on the recorded consent of both sides' learned counsel, an interim application (A No. 4206 of 2024) filed under Order XIV Rule 8 of the O.S. Rules read with Section 12 of the Guardian and Wards Act, 1890 in O.P. No. 518 of 2024, seeking interim custody of two minor children (Jason Ron Samuel, aged 5, and Issac Ben Samuel, aged 4). Terms: the respondent (mother) is to produce the children on every First Sunday of the English Calendar month at 4.00 p.m. at VR Mall, Koyambedu, Chennai; the petitioner may visit them there from 4.00 p.m. to 6.00 p.m., offer them eatables, toys and dress materials, and after 6.00 p.m. hand their custody back to the respondent/mother; these arrangements continue until disposal of the main Original Petition.

A No. 4206 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-11-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

A No. 4206 of 2024 in O.P.No.518 of 2024

O.Shyam

Applicant(s)

Vs

P.Shirly Delphin

Respondent(s)

PRAYER

Application filed under Order XIV Rule 8 of O.S.Rules, read with Section 12 of Guardian and Wards Act, 1890 to grant the interim custody of minors namely 1.Jason Ron Samuel born on 10/10/2018, now aged 5 years and 2.Issac Ben Samuel born on 21/02/2020, now aged 4 years, pending disposal of the main Original Petition.

For Applicant(s): Mr.R.Prabakar

For Respondent: Mr.Ferdinand for M/s BFS Legal

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A No. 4206 of 2024

O R D E R

When the matter is taken up for hearing, after elaborate arguments,

both sides learned counsels agreed for production of the children on every

First Sunday of the English Calender Month at VR Mall, Koyambedu, Chennai at 4.00P.M. and the petitioner can have the custody of the children till 6.00

p.m., Thereafter, the petitioner has to handover the custody of the children to

the respondent.

Recording the above said submission, this petition is disposed of on

the following terms:-

(i) The respondent is directed to produce the minor children, namely,

Jason Ron Samuel and Issac Ben Samuel on every First Sunday of English Calender month at 4.00 p.m., at VR Mall, Koyambedu and the petitioner can

visit the children from 4.00 p.m. to 6.00 p.m., in the said V.R.Mall, Koyambedu.

(ii) During the said visit, the petitioner can offer eatables, toys and dress

materials to the children and after 6.00 p.m., the petitioner shall handover the

custody of the children to the respondent / mother.

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A No. 4206 of 2024

(iii) The above said arrangements shall be continued till the disposal of

the main Original Petition.

With the above observation, this application is disposed of.

11-11-2025

Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ssd

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A No. 4206 of 2024

P.DHANABAL J.

ssd

A No. 4206 of 2024 in O.P. No.518 of 2024

11-11-2025

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