IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

1. G.Navaneetha Kumar

S/o. R.Govarthanan, No.33, Block - 1,

Flat 4F, Ceebros Orchid Apartments,

Velachery Main Road, Velachery,

Chennai 600 042.

Petitioner(s)

Vs

1. N.C.Pavithra

W/o. G.Navaneetha Kumar, No.14, Mullainagar 8th Street, Anna Nagar

West, Anna Nagar, Chennai 600 040.

Respondent(s)

PRAYER: This Original application has been filed under Section 25 of Guardian Wards Act read with Order XXI Rule 2 and 3 of the Original Side Rules praying that the Petitioner Dr.G.Navaneetha Kumar, S/o. R.Govarthanan, father of the minor children namely N. Chathvick aged 4 years and N. Rianshi,

infant of 6 months may be appointed as guardian of the minor children.

For Petitioner(s): Ms. S.Thamizharasi For Respondent(s): M/s.Poonam Chopra

ORDER

This Original Petition has been filed by the petitioner, who is the father of

the minor children to appoint him as guardian for the minor children and to grant custody of the minor children to the petitioner.

2. The case of the petitioner is that the marriage between the petitioner and the respondent was solemnised on 27.08.2017 as per the Hindu Rites and Customs at Chennai. Out of the wedlock, a son and a daughter namely N. Chathvick and N. Rianshi born on 23.09.2019 and 16.10.2023 respectively. Due to some misunderstanding between the petitioner and the respondent, they are living separately. In the month of October 2021, due to the petitioner’s brother’s tender child, the respondent yelled at the petitioner and went back to the respondent’s parental house. During that time, the respondent took 20 thyroid tablets and felt asleep and she was taken to hospital and became well after treatment. The respondent was also in the habit of threatening the petitioner that she will commit suicide. In May 2022, the respondent came back to matrimonial house after panchayath held by the parents. When the respondent gave birth to a female baby on 16.10.2023, she liked to stay in matrimonial home along with the petitioner. The mother of the respondent used to come to Velachery from Anna Nagar every day to take care of the respondent. Thereafter, the respondent employed a maid and when the petitioner questioned about the troubling of her mother, the respondent fought with the petitioner and threw the 40 days old child to the petitioner and went to the respondent’s parents house on 27.11.2023 night by packing all her clothes and jewels.

Thereafter, the petitioner was unable to see the infant without a mother and the respondent was called and she also came along with her parents and on 29.11.2023, the respondent took back the infant of 40 days old with her and went to her parents house. The petitioner is very affectionate towards the respondent and their children. The elder son of the petitioner aged 4 years is also under the custody of the respondent. The petitioner is always ready to live with the respondent, but the respondent refused for the same. Both the children requires father’s care and attention. The respondent only withdrew from the conjugal rights and went to her parents house. The petitioner’s 1^st child was picked up by the petitioner’s mother every Friday evening and dropped by the petitioner on every Sunday night. The 2^nd infant was given custody to the petitioner on 09.03.2024 and she was under the care and custody of the petitioner up to 08.04.2024. The petitioner received a call on 08.03.2024 from the School, where the 1^st child is studying and the petitioner was told that the School will give Transfer Certificate to the 1^st child. The respondent shifted the residence from Anna Nagar to Perungudi and by taking the transfer certificate from the School to admit him in a School near Anna Nagar. The School, where the 1^st child is now studying is very good and the petitioner has spent Rs.1.5 lakhs towards registration fee at the time of admission. In order to take revenge against the petitioner and to deprive the custody