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2026 Supreme(Online)(Mad) 11400

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice N. SATHISH KUMAR
LOGANATHAN – Appellant
Versus
P.SUNDARAMBAL – Respondent



2026:MHC:616 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.02.2026 CORAM THE HONOURABLE MR . JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR. JUSTICE R. SAKTHIVEL C.M.A.No.287 of 2026 & C.M.P.No.3428 of 2026 S.Loganathan ... Appellant Versus

1. P.Sundarambal

2. M.Palanisamy ... Respondents Civil Miscellaneous Appeal filed under Section 19 of the Family Court Act read with Section 47 of the Guardian and Wards Act, 1890 against the judgment and decree dated 11.03.2025 passed in GWOP No.45 of 2023 on the file of Family Court at Tiruppur.

For Appellant : Mr.K.Myilsamy For Respondents : Ms.M.Atchaya for M/s.Sarvabhauman Associates for R1 and R2

JUDGMENT

(Judgment of the Court was made by N.SATHISH KUMAR, J.)

The present appeal has been filed challenging the order of the Family Court, Tiruppur dated 11.03.2025 in G.W.O.P.No.45 of 2023 granting visitation rights to the respondents herein to see their grandson aged 6 years in the premises of District Court, Tiruppur or any other place convenient to both parties.

2. The Appellant is the father of the minor child and the respondents are the maternal grandparents of the said minor child. The Appellant married the daughter of respondents and out of the wedlock, a male child was born on 18.03.2019. It is the case of the Appellant that his wife was diagnosed with pancreatic cancer and despite treatment in reputed hospitals, she died on 09.10.2022 and from thereon, he is taking care of the child. While things stood thus, the respondents, who are the grandparents of the minor child, have filed a petition seeking visitation rights in G.W.O.P.No.45 of 2023 on the file of Family Court, Tiruppur and the Family Court, granted visitation rights to the respondents and directed the appellant herein to drop the child in the Court premises at 10.00am on every second Saturday and the respondents were directed to handover custody of the child to the appellant at 05.00pm. Aggrieved against the said order, the present appeal has been filed.

3. The learned counsel for the appellant would submit that the appellant has no objection for granting visitation rights to the grandparents, but the only grievance of the appellant is that the trial Court directed the appellant to produce the child at 10.00am on Second Saturday of every month in the Court premises in the presence of their Advocate and allow the child with the grandparents till 05.00pm, which would cause serious prejudice to the child's mental health and the atmosphere in the court premises would not be conducive to the child and hence, learned counsel seeks modification of the place of visitation.

4. We are of the view that in stead of producing the child in the Court premises, let the appellant drop the child on every Sunday at 10.00am in the grandparents house and take back the child at 05.00pm on the same day for which appellant has no objection.

5. Accordingly, we modify the order of the trial Court as follows:

The appellant shall drop the child on every Sunday at 10.00am in respondents’ house and take back the custody of the child at 05.00pm on the same day.

The Civil Miscellaneous Appeal is disposed of with the above modification. Consequently, the connected miscellaneous petition is closed.

There shall be no order as to costs.

[N.S.K.,J.] [R.S.V.,J.]

09.02.2026 Index: Yes/No Neutral Citation: Yes/No gpa To The Family Court Tiruppur N.SATHISH KUMAR, J., AND R. SAKTHIVEL, J., gpa

09.02.2026

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