IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-11-2025 CORAM THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ OSA No. 363 of 2025 AND CMP Nos. 29747 & 29748 OF 2025

1. R.Rajkumar S/o.Mr.E.Ravishankar, No.1/53, O, 2nd Street, Sripuram Colony, St.Thomas Mount, Chennai - 600 016.

Appellant(s)

Vs

1. Swapna Raj W/o.R.Rajkumar, 11h, D Block, 78, Parthasarathy Koil Street, Arulayiammanpet, Thiru Vi Ka Industrial Estate, Guindy, Chennai - 600 032.

Respondent(s)

PRAYER Original Side Appeal is filed under Order XXXVI Rule 9 of the Original Side Rules r/w Clause 15 of Letters Patent, praying to set aside the impugned order dated 26.08.2025 passed in A.No.3606 of

2025 in OP No.707 of 2024 on the file of this Hon’ble Court.

For Appellant(s): Mr.S.Rajasekar For Respondent(s):Mr.M.Mohanraj J U D G E M E N T (Judgment of the Court was delivered by S.M.Subramaniam J.)

The present Original Side Appeal has been instituted to assail the order dated 26.08.2025 passed by the learned Single Judge in A.No.3606 of 2025 in OP.No.707 of 2024. The marriage between the appellant and the respondent was solemnized on 20.08.2010 as per the Hindu rites and customs.

2. Twin children born out of wedlock between the appellant and the respondent, and they are Master Pranaav Kumar and Master Abinav Kumar, aged about 11 years.

3. Due to misunderstanding, the appellant and respondent are living separately, and an attempt to resume the matrimonial home failed. The petition seeking dissolution of marriage in HMOP.No.1584 of 2024 filed by the appellant is pending on the file of the II Additional Family Court at Chennai. During pendency of the above petition, GWOP.No.707 of 2024 has been filed on the Original Side of the High Court of Madras by the respondent seeking a direction to hand over the minor children to the respondent.

4. Even before that, the appellant also filed GWOP.No.203 of

2024 seeking custody of the minor children. Both the petitions though heard together, the learned Single Judge disposed of A.No.3605 of

2025 filed in OP.No.707 of 2024.

5. The learned Single Judge in the order impugned dated

26.08.2025 recorded that the Court examined the minor children on 12.08.2025 in pursuance to the orders dated 11.08.2025. Both the minor children were produced, and the Court had an interaction with the minor children aged about 11 years. Before the Court, the children had made a statement in clear terms that they have been mentally and physically ill-treated and assaulted not only by the appellant/father but also by his parents and other relatives. After interaction, the Court directed the matter to be listed on 18.08.2025, and the learned Single Judge directed the children to be produced before the Counsellor attached to the Family Court, Chennai on 20.08.2025, and requested the Counsellor to ascertain the children and file a report. In compliance with the orders of the learned Single Judge, the Counsellor attached to the Family Court, Chennai, had an interaction with the minor children and submitted a report, which has been extracted in the impugned order, and for better appreciation, this Court also records the same:

“Observations and Findings:

(a). Interaction and Comfort level:

The Children Pranav and Abinav both are interested to talked with their Mother. When they saw their Mother both went and sit with her lap. The Childrens communicated with their Mother so well.

(b). Emotional Response:

The Children appeared to be more comfortable with their Mother and they like to see their Mother always without any hesitation. The Children told that they are not comfortable with their father and their Grandparents.

(c). Father’s involvement:

There is no any interference from the Father, he only observed their conversation and their activities.

(d). Child’s Psychological condition:

Based on the interaction and Psychological evaluation:

When the counselling started to the Children first few minutes, the children not open their mouth, then I (counse