Ezhilarasan v. Nathiya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 12.12.2025 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN -- Ezhilarasan, S/o Elangovan .. Petitioner Vs.

Nathiya, D/o Subramaniyam .. Respondent Contempt Petition filed under Section 10 of the Contempt of Courts Act to punish the respondent for disobeying the order in G.W.O.P.No.560 of 2024, dated 10.01.2025 passed by the Famiy Court, Erode for committing Contempt of Court order and have over the minor daughter Puratchi Kayalvizhi to the petitioner, to secure the ends of justice.

For petitioner : Mr.E.Parthiban

ORDER

The petitioner herein (father of the minor child) has filed the present Contempt Petition stating that the respondent had willfully disobeyed the order passed by the Family Court, Erode in G.W.O.P.No.560 of 2024, dated 10.01.2025. The Family Court, while disposing of the said G.W.O.P., has made the following observations:

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"... The respondent handed over the minor daughter to the petitioner in Court and the petitioner took custody of the minor child. Since the respondent endorsed that she has no objection in allowing this petition, this petition is allowed and the petitioner is appointed as guardian for the minor child E.Puratchi Kayalvihi till she attains majority."

2. A reading of the above order passed by the Family Court shows that since the petitioner was appointed as guardian and the child was handed over to the petitioner on that day itself, there is no further direction given by the Family Court. Therefore, there is no willful disobedience of the order and the Contempt Petition is not maintainable. Hence, the Contempt Petition is closed. If the petitioner (father) has got any grievance against the said order passed by the Family Court, he has to work out his remedy before appropriate forum in the manner known to law.

(P.V.,J) (M.J.R., J) 12.12.2025 cs To The Judge, Family Court, Erode.

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P.VELMURUGAN, J and M.JOTHIRAMAN, J cs 12.12.2025 3 / 3