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R.Aishwarya v. S.Bhuvanesh

Madras HC8 Jun 2026CRP/3004/2026

Case brief

AI extract

What is this about?

Madras HC CRP No. 3004 of 2026 (decided 08-06-2026, Abdul Quddhose J.) — numbering of unnumbered Guardians and Wards petition; docket order dated 16.03.2026; objection of lack of territorial jurisdiction (child resides in Thoraipakkam); S.7 Guardians and Wards Act 1890; G.W.O.P. SR.No.443 of 2026; H.M.O.P. No.2173 of 2025; G.W.O.P. No.2124 of 2025; Family Court Chennai; permanent custody of son; respondent consented to numbering; CRP allowed, no costs; merits expressly left open.

What did the court decide?

Civil Revision Petition allowed: the Principal Judge, Family Court, Chennai directed to number G.W.O.P. SR.No.443 of 2026 and the respondent permitted to contest it on merits and in accordance with law; no costs. ¶28

R.Aishwarya Vs S.Bhuvanesh — Child Custody and Guardianship | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Family Court, Chennai may take on file and number the petitioner's unnumbered Guardians and Wards Original Petition (G.W.O.P. SR.No.443 of 2026) despite the docket order dated 16.03.2026 returning it for want of territorial jurisdiction.

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Court's answer

Since the Family Court has already entertained H.M.O.P. No.2173 of 2025, the question of returning the O.P. filed under the Guardians and Wards Act does not arise.

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Ratio / Principle

G.W.O.P. SR.No.443 of 2026 pending on the file of the Principal Judge, Family Court, Chennai is directed to be numbered by the Principal Judge, Family Court, Chennai and to be contested, on merits and in accordance with law by the respondent.

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Key takeaways

This Court is not expressing any opinion on the merits of the G.W.O.P. SR.No.443 of 2026.obiter¶24

Detailed headnote1 paragraphs

Madras High Court (Abdul Quddhose J., 08-06-2026) allowed CRP No. 3004 of 2026 filed by R.Aishwarya (wife) challenging the docket order dated 16.03.2026 of the Principal Judge, Family Court, Chennai returning her unnumbered Guardians and Wards Original Petition (G.W.O.P. SR.No.443 of 2026, filed u/s 7 of the Guardians and Wards Act 1890) seeking permanent custody of her son from the father (S.Bhuvanesh), on the ground that the Court lacked territorial jurisdiction as the child resides in Thoraipakkam. Held: since the Family Court had already entertained the wife's H.M.O.P. No.2173 of 2025 and the husband's G.W.O.P. No.2124 of 2025, both filed before the very same Family Court, the question of returning the O.P. filed under the Guardians and Wards Act did not arise; the respondent's counsel stated no objection to numbering. The Court directed that G.W.O.P. SR.No.443 of 2026 be numbered by the Principal Judge, Family Court, Chennai and be contested on merits and in accordance with law by the respondent; no opinion was expressed on the merits; no costs.

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CRP No. 3004 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08-06-2026

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CORAM

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THE HON'BLE MR JUSTICE ABDUL QUDDHOSE CRP No. 3004 of 2026

R.Aishwarya

..Petitioner(s)

S.Bhuvanesh

..Respondent(s)

To direct the Registry to receive and take on file the unnumbered Guardians and Wards Original Petition filed by the petitioner u/s 7 of the Guardians and Wards Act 1890 on the file of the Chennai Family Court, and consequently direct the said petition GWOP SR No. 443 of 2026 to be taken on file, numbered and proceeded with in accordance with law.

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For Petitioner(s): Mr.R.Arunkumar For Respondent(s): Mr.T.VIDYASAGAR

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Order

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This Civil Revision Petition has been filed, challenging the impugned

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docket order dated 16.03.2026 returning the petition filed by the petitioner in GWOP SR.No.443 of 2026 on the ground that the Court does not have territorial jurisdiction since the child resides in Thoraipakkam.

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2.GWOP SR.No.443 of 2026 was filed by the wife seeking permanent

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custody for her son from the father. Admittedly, the OP filed by the wife

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Page1 of 4

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

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CRP No. 3004 of 2026

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seeking for dissolution of marriage has been numbered as H.M.O.P. No.2173 of 2025 and the OP filed by the husband under the Guardians and Wards Act is numbered as G.W.O.P. No.2124 of 2025 and both the said OPs have been filed before the very same Family Court. The present G.W.O.P. SR.No.443 of 2026 has already been filed before the very same Family Court. Since the Family Court has already entertained H.M.O.P. No.2173 of 2025, the question of returning the O.P. filed under the Guardians and Wards Act does not arise.

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3.Learned counsel for the respondent in G.W.O.P. SR.No.443 of 2026 who is the respondent in this Civil Revision Petition has stated no objection for numbering of G.W.O.P. SR.No.443 of 2026.

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4.For the foregoing reasons, this Civil Revision Petition has to be allowed and G.W.O.P. SR.No.443 of 2026 pending on the file of the Principal Judge, Family Court, Chennai is directed to be numbered by the Principal Judge, Family Court, Chennai and to be contested, on merits and in accordance with law by the respondent.

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5.This Court is not expressing any opinion on the merits of the G.W.O.P. SR.No.443 of 2026.

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

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CRP No. 3004 of 2026

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