IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-01-2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL K.Gopinath S/o.G.Kumar, No.26/22, Mangapathy Street, Pattalam, Chennai - 600 012.

..Petitioner(s)

Vs S.P.Thamarai Selvi D/o.M.Palani, No.313/74, Melpatti Ponnappan Street, 0Perambur, Vyasarpadi Post, Chennai - 600 012.

..Respondent(s)

PRAYER:- The Original Petition has been filed under Section 25 of Guardians and Wards Act, 1890 read with Order XXI Rule 2 and 3 of the Original Side Rules praying to grant the petitioner permanent custody of the minor child G.Keerthivasan born on 06.07.2012, now aged about 11 years.

For Petitioner(s): C.P. Sivamohan For Respondent(s): M/s. N. Ramachandran

ORDER

This Original petition has been filed by the petitioner to grant him permanent custody of the minor child G. Keerthivasan aged about 11 years.

2. The case of the petitioner is that, he is the husband of the respondent and their marriage was solemnised on 11.09.2011 as per Hindu Rites and Customs Act. Due to the wedlock, a male child namely G. Keerthivasan was born on 06.11.2012. Due to some misunderstanding between the parties, both the petitioner and the respondent are residing separately and now the minor child is under the custody of the respondent mother. The respondent willfully neglected the petitioner and left the matrimonial home along with child. The respondent has filed a petition for divorce in O.P. No.2166 of 2019 on the file of the I Additional Family Court, Chennai. The petitioner is ready and willing to live with the respondent, but she refused to live with the petitioner. The minor child is very affectionate with the petitioner. The petitioner being the father is entitled to have custody of the child. The petitioner, being the father, alone can provide the child emotional support and love all that he needs. The respondent’s attitude in disallowing the petitioner to meet the minor son is contrary to the best interest and welfare of the child. Therefore, the petitioner filed this petition seeking custody of the minor son.

3. The respondent filed a counter denying the allegations made in the petition. However admitted the relationship between the parties and the minor son born to the petitioner and the respondent. During September 2015, the petitioner himself voluntarily left the respondent and the child at her father’s home. The petitioner permanently deserted both the respondent and the minor child for more than 4 years. Therefore, she filed a petition for dissolution of marriage in H.M. O.P. No.2166 of 2019 on the file of the I Additional Family Court, Chennai on the ground of cruelty and desertion and the same was allowed on 16.08.2022. But no any appeal has been preferred as against that order and now the petitioner and the respondent are residing separately for more than 8 years and the minor child is growing under the custody of the mother and she is only taking care of the minor child from his birth. The respondent never prevented the petitioner from seeing the child at any point of time and the petitioner himself deserted the child and the respondent and now filed this petition with false allegations. The child himself has not remembered the face of the petitioner, since the petitioner left the child and the respondent during September 2015, when the child was aged about 3 years and after a long period of 8 years, the petitioner has now filed this petition and there are no grounds to grant custody of the child to the petitioner. Therefore, the petition is liable to be dismissed.

4. In order to prove the case of the petitioner, on the side of the petitioner, PW1 was examined and Ex.P.1 to Ex.P.4 were marked. On the side of the respondent, RW1 was examined and no documents were marked.

5. The learned counsel appearing for the petitioner would submit that the petitioner is the father of the minor child and the respondent, after giving birth to the minor child, without any valid reasons, left the matrimonial home in the month of