Welfare of the child is paramount in custody disputes, and suitable visitation arrangements must be made considering the child's special needs.

JUDGMENT :

P. VELMURUGAN, J.

This Original Side Appeal has been filed by the appellant/wife, K.Priyanka, challenging the order dated 10.12.2025 passed in Application No.4808 of 2025 in O.P.No.498 of 2025, whereby the learned Single Judge restricted her visitation with the minor child to three hours every Saturday at Vadivudaiamman Temple, Tiruvottiyur, instead of granting interim custody from Friday 5.00 p.m. to Sunday 5.00 p.m., as sought for by her.

2. The marriage between the appellant/wife and the respondent/husband was solemnized on 23.08.2018. A male child, Karvik Krishna, was born on 14.08.2020. The child has been diagnosed with Autism Spectrum Disorder and requires continuous therapies and structured care. Disputes subsequently arose between the parties and they have been separated, leading to multiple legal proceedings. The respondent/husband filed HMOP No.2558 of 2024 before the II Additional Family Court, Chennai, seeking divorce under Section 13(1)(i-a) and (iii) of the Hindu Marriage Act. The appellant/wife, in turn, filed HMOP No.2600 of 2025 before the III Additional Family Court, Chennai, seeking restitution of conjugal rights. Pending those proceedings, the appellant filed O.P.No.498 of 2025 before this Court under the Guardians and Wards Act, seeking permanent custody and guardianship of the minor child. In the course of that petition, she filed Application No.4808 of 2025 for interim custody. By order dated 10.12.2025, the learned Single Judge recorded that the appellant had sought interim custody of her minor son from Friday 5.00 PM to Sunday 5.00 PM every week. However, as against the prayer so made, the learned Judge restricted the appellant’s visitation rights to three hours every Saturday at Vadivudaiamman Temple, Tiruvottiyur. Similarly, in the original petition, the respondent/husband had filed Application No.5230 of 2025 seeking issuance of summons to the Superintendent/Medical Record Officer, Rajiv Gandhi Government General Hospital, Chennai, to produce the complete and original medical records bearing Outpatient Sheet O.P.No.530/02/2024, including the psychometric notes and consultation reports pertaining to Mrs.K.Priyanka, before the learned Single Judge on a date fixed by the Court. The learned Judge dismissed the said application.

3. Aggrieved by the restriction imposed on her access to the child, the present appeal has been preferred by the wife/appellant. The respondent/husband has not chosen to file any appeal against the dismissal of his application in Application No.5230 of 2025 .

4. The learned counsel for the appellant submits that the impugned order of the learned Single Judge dated 10.12.2025 is unsustainable in law and facts. The appellant had sought interim custody of her minor son from Friday 5.00 PM to Sunday 5.00 PM every week. However, the learned Judge restricted visitation to three hours every Saturday at Vadivudaiamman Temple, Tiruvottiyur. The temple environment is crowded and noisy, wholly unsuitable for a child diagnosed with Autism Spectrum Disorder, who requires a calm, structured, and familiar atmosphere. Therapies for the child are conducted only on weekdays, and no evidence was produced to show that weekend custody would disrupt treatment. The appellant is educated, capable of administering the prescribed diet and medications, and has expressed willingness to share schooling and medical expenses. Photographs and records of the earlier interim visitation for a period of 71 days, as per the interim order, demonstrate the child’s affection towards the mother. During the said visitation period, the respondent neither raised any objection nor sought revocation or