Skip to content

The research platform for Indian law — judgements, legislation and the citations between them. Free to search, with the original document behind every result.

A product of LawSathi.

Research

Search Legislation Research tools

Browse

Courts Case types Topics Most-cited judgements Sources

LawSathi

Practice platform Blog

© 2026 LawSathiTerms PrivacyResearch aid, not the official record.

Dr.M. Shilpa Vs P. Ajay Eswar — Madras HC (2026) — LawSathi Research

Home
Madras HC
2026
Dr.M. Shilpa Vs P. Ajay EswarDr.M. Shilpa v. P. Ajay Eswar

Allowed¶31

Dr.M. Shilpa v. P. Ajay Eswar

Madras HC9 Jan 2026A/4024/2025

Case brief

AI extract

What is this about?

Guardianship and custody of a minor child allowed by consent before the Madras High Court (single Judge, P. Dhanabal, J., order dated 09-01-2026) in A.No.4024 of 2025 in OP No.418 of 2025 (GWOP). Mother (applicant, Dr.M. Shilpa) appointed guardian of the person and property of minor son Atharvaa Eswar (born 29.04.2018); permanent custody granted to the mother till majority; father-respondent (P. Ajay Eswar, working in the United Kingdom) filed a no-objection counter disclaiming custody/control and acknowledging the mother as sole guardian for education, travel and passport/visa decisions; respondent examined through video conferencing; no statute or precedent cited; no quantum involved.

What did the court decide?

Applicant Dr.M. Shilpa appointed guardian of the person and property of the minor child Atharvaa Eswar; custody of the minor to remain with her till he attains majority, not to be disturbed by the respondent.

Why is it important?

The application is allowed and the petitioner (applicant-mother) is appointed guardian for the person and property of the minor child Atharvaa Eswar. ¶30

What the court decided

AI extract

Outcome

Applicant Dr.M. Shilpa appointed guardian of the person and property of the minor child Atharvaa Eswar; custody of the minor to remain with her till he attains majority, not to be disturbed by the respondent.

Issue for consideration

Whether the applicant should be granted custody of the minor child Atharvaa Eswar. +1 more

Court's answer

Custody of the minor child remains with the petitioner, need not be disturbed by the respondent, and continues till the child attains the age of majority.

Ratio / Principle

The application is allowed and the petitioner (applicant-mother) is appointed guardian for the person and property of the minor child Atharvaa Eswar.

Detailed headnote1 paragraphs

Madras High Court (P. Dhanabal, J.) allowed A.No.4024 of 2025 in OP No.418 of 2025, a guardianship-and-custody application arising out of Original Petition (GWOP) No.418 of 2025. Acting on the respondent-father's written no-objection in his counter — wherein he undertook not to retain any custody or control over the minor child Atharvaa Eswar and recognised the mother as sole guardian for decisions on education, travel, passport/visa and the child's growth — and after enquiring the petitioner in person and the respondent through video conferencing (the respondent being employed in the United Kingdom), the Court appointed the mother, Dr.M. Shilpa, as guardian of the person and property of the minor son (born 29.04.2018), with custody to remain with her until the child attains majority and not to be disturbed by the respondent. Decided on consent; no statute or precedent discussed.

A

A.No.4024 of 2025 in OP No.418 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-01-2026

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

A No. 4024 of 2025 IN OP NO. 418 OF 2025

Dr.M. Shilpa D/o.M.Manmathan, W/o. P.Ajay Eswar, M.619, 24th cross Street, Thiruvalluvar Nagar, Thiruvanmiyur, Chennai 600 041.

Applicant(s)

Vs

P. Ajay Eswar S/o. A.Pazhanichamy, Flat No.909, Silver Oaks Apartments, Camp road Junction, Selaiyur, chennai 600 073.

Respondent(s)

For Applicant(s): M/S.R. Thiagarajan Vasudha Thiagarajan A.Raj Prince For Respondent(s): Cn-service Awaited

ORDER

This application has been filed by the applicant to grant custody of the

minor child namely, Atharvaa Eswar, in favour of the petitioner and to appoint the

1/5

https://www.mhc.tn.gov.in/judis

A.No.4024 of 2025

in OP No.418 of 2025

petitioner as guardian of the minor child.

According to the applicant, the respondent is the husband of the petitioner. Through marriage, a son namely, Atharvaa Eswar was born on 29.04.2018 and now he is under the care and custody of the petitioner. Due to misunderstanding between the parties, the petitioner and the respondent were separated. Now the child is under the custody of the petitioner. Therefore, she has filed this petition to appoint her as guardian to the minor child and to grant permanent custody of the minor child.

The respondent filed counter and expressed no objection to grant custody of the minor child to the petitioner and to appoint the petitioner as guardian to the minor child. The para 7 & 8 of the counter is extracted hereunder :

“7. The respondent shall not retain any custody or control over the minor child Atharvaa Eswar and that the petitioner shall individually and independently take decision on the growth and well-being of the child. The petitioner shall individually decide on education, travel and other aspect of the child’s growth and development based on her avocation and future needs without the interference of the respondent. The petitioner shall sign all necessary documents, Passport and Visa process and other documents etc before any authority or forum as the parent and sole guardian and without reference of the respondent.

8. In view of the above, the respondent has no objection in allowing and ordering the present Original Petition in GWOP No.418 of 2025 and thus render justice.”

2/5

https://www.mhc.tn.gov.in/judis

A.No.4024 of 2025 in OP No.418 of 2025

In view of the aforesaid submission made by the respondent through

counter and this Court also enquired the petitioner who appeared in person and the respondent appeared through video conferencing and the respondent has no objection to allow this application. He also stated that since he is working in United Kingdom has no objection to grant custody to the petitioner.

In view of the above said reasons and no objection made by the respondent, this Application is allowed. The petitioner is appointed as guardian for the person and property of the minor child Atharvaa Eswar and custody of the minor child also with the petitioner and that custody need not be disturbed by the respondent and the petitioner have custody of the minor child till his attaining age of the majority.

With the above said directions, this Application is allowed.

09.01.2026

mtl

3/5

https://www.mhc.tn.gov.in/judis

A.No.4024 of 2025 in OP No.418 of 2025

P.DHANABAL, J.

mtl

A No. 4024 of 2025 IN OP NO. 418 OF 2025

09.01.2026

4/5

https://www.mhc.tn.gov.in/judis

A.No.4024 of 2025 in OP No.418 of 2025

5/5

https://www.mhc.tn.gov.in/judis

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the applicant should be granted custody of the minor child Atharvaa Eswar.¶14
The court held
Custody of the minor child remains with the petitioner, need not be disturbed by the respondent, and continues till the child attains the age of majority.ratio¶30
2.
Whether the applicant should be appointed guardian of the minor child Atharvaa Eswar.¶20
The court held
The application is allowed and the petitioner (applicant-mother) is appointed guardian for the person and property of the minor child Atharvaa Eswar.ratio¶30

Procedural history

How this case reached the court

AI extract

Prior proceeding
Marriage between the applicant and the respondent; son Atharvaa Eswar born on 29.04.2018, presently in the care and custody of the applicant.¶21
Prior proceeding
Due to misunderstanding between the parties they separated; the applicant filed this petition seeking her appointment as guardian of the minor and permanent custody.¶21
Prior proceeding
Respondent filed a counter expressing no objection to grant of custody to the applicant and to her appointment as guardian; paras 7 and 8 of the counter were extracted in the order.¶22
Prior proceeding
Counter para 7: respondent undertook not to retain any custody or control over the minor child Atharvaa Eswar, leaving decisions on the child's growth, education, travel, passport/visa and allied matters to the applicant individually as sole guardian.¶23
Prior proceeding
The Court enquired the petitioner in person and the respondent through video conferencing; the respondent, who is working in the United Kingdom, stated he had no objection to granting custody to the petitioner.¶29

Parties & counsel

AI extract

applicant
Dr.M. Shilpa¶7
M/S.R. Thiagarajan, Vasudha Thiagarajan, A.Raj Prince
respondent
P. Ajay Eswar¶10

Coram

AI extract

P. Dhanabalauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 9 Jan 2026 · January
Registered: 13 Aug 2025
Case no.: A/4024/2025
CNR: HCMA011497952025
Bench: P. Dhanabal
Disposal: ALLOWED
Case type: A

Similar cases

Judgements on the same questions, provisions and authorities, from every court

Finding judgements on the same questions…

More from P. Dhanabal

The Competent Authority Vs S.S.Thuraisingam
8 Jan 2026
Loordhuammal Educational Trust Vs Sami Arul Educational Trust
8 Jan 2026
D.Prakash Vs R.Eswari and 2 Others
8 Jan 2026
M.S. Baskar Vs K.Harikrishnan
9 Jan 2026
Chruch of South India and Vs Mr.Rajkumar Rajendran
9 Jan 2026
Abishek kumar Vs Manju Bharathi
9 Jan 2026

Cite this judgement

Dr.M. Shilpa v. P. Ajay Eswar, A/4024/2025 (MAD), decided on 9 January 2026.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history5

Marriage between the applicant and the respondent; son Atharvaa Eswar born on 29.04.2018, presently in the care and custody of the applicant.
Due to misunderstanding between the parties they separated; the applicant filed this petition seeking her appointment as guardian of the minor and permanent custody.

View full history

Bench / Coram

P. Dhanabal

Parties & counsel