In custody matters under the Hindu Minority and Guardianship Act, a child's welfare is paramount, with primary custody preferred for the mother when the child is under 5 years.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.03.2026 CORAM THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI O.S.A. No.67 of 2026 and C.M.P. No.7436 of 2026 M.Mathivathani @ Divya ... Appellant Versus T.S.Aravindan ...Respondent Original Side Appeal filed under Order XXXVI Rule 1 of O.S. Rules read with Clause 15 of Letters Patent, to set aside the judgment and decree passed by this Court in G.W.O.P. No.39 of 2024 dated 26.08.2025 so far as the portion of the order granting interim custody of the minor child to the respondent-Father during the summer holidays including its extended holidays, if any and thereby, set aside such portion passed in G.W.O.P.

No.39 of 2024 dated 26.08.2025.

For Appellant : Mr.M.Aravindan For Respondent : Ms.A.B.Reehana Begum

O R D E R

(Order of the Court was made by P.VELMURUGAN, J.)

This Original Side Appeal has been filed to set aside the judgment and decree passed by this Court in G.W.O.P. No.39 of 2024 dated 26.08.2025 insofar as the portion granting interim custody of the minor child to the respondent-Father during the summer holidays including any extended holidays and to set aside such portion.

2. The learned counsel for the petitioner submitted that the respondent herein had filed a petition before this Court in G.W.O.P. No.39 of 2024 seeking to appoint him as the guardian of the minor child Dhakshith Seyon.A, born on 03.06.2020 (now aged 5½ years) and to direct the appellant herein to handover the custody of the minor child to him. Though the learned Judge dismissed the said O.P. by order 26.08.2025, however, granted visitation rights by way of interim custody of the child to the respondent during summer holidays and its extended holidays if any as follows:

“17. In fine, the O.P. stands dismissed on the following terms;

i) The custody of the minor remains undisturbed unless change in above circumstances;

ii) The petitioner would be entitled to have the custody of the minor child during the summer vacation and the extended holidays.

iii) The petitioner would have a right of visitation of the minor child during the major festivals and also on the birthday of the minor child.

iv) The respondent shall provide video conferencing platform to the petitioner enabling him to have video conferencing with the minor child on every Wednesdays and Saturdays between 6.00 p.m. and 8.00 p.m. and shall ensure that such video conferencing would be made effectively at least for a minimum of 30 minutes per day.”

The learned counsel for the appellant-mother submitted that the learned Judge has committed error apparent on the face of the record in granting interim custody of the minor child to the respondent-father during summer holidays particularly when the learned single Judge had dismissed the O.P. filed for guardianship and permanent custody of the child in the best interest and welfare of the minor child, as the respondent is not a fit person to have the custody of the child. The learned Judge failed to interact with the child before granting the interim custody of the minor child to the respondent during the summer vacation which would have established the pragmatic psychological condition of the child towards the respondent-father. The learned Judge having rightly held that the respondent-father had not taken any sincere steps to meet or engage with the child from August 2021 i.e. from the child was one year old, until filing of the O.P. and there is no evidence to demonstrate that placing the child in the custody of the respondent-father would be in the child’s best interest, ought not to have granted interim custody of the child. Even the respondent