Seethalakshmy v. Babu
Case brief
What is this about?
This Court examined the wishes of two minor children regarding custody. Ruling that the younger son wished to remain with his mother, the Court set aside an order transferring custody to the father, emphasizing the child's mental health and choice.
What did the court decide?
Order impugned dated 30.04.2025 set aside; Custody of younger son Sachin remains with appellant; mutual visitation rights permitted.
What the court decided
2025:MHC:2507
O.S.A.No.324 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.10.2025
CORAM
THE HON'BLE Mr. JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ
O.S.A.No.324 of 2025 AND C.M.P.No.24062 of 2025
Dr.Seethalakshmy
Vs.
Dr.Babu
.. Respondent
Original Side Appeal filed under Order XXXVI Rule 2 of Original Side Rules read with Clause 15 of Letters Patent Act, against the order dated 30.04.2025 passed in O.P.No.396 of 2023.
Issues for consideration
3 issues framed by the court
Whether the custody of the younger minor son be handed over to the respondent father over the appellant mother given both are doctors.
Whether the choice and wishes of the minor child regarding custody should be given paramount weight over financial or professional stability.
Whether transferring custody from mother to father at the age of 8 years would adversely affect the child's mental health and education.
Parties & counsel
- appellant
Dr.Seethalakshmy
- respondent
Dr.Babu
Coram
S.M.SUBRAMANIAM
Case details
As recorded by the court registry
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