G.Arunachalam v. M.Chithra
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL A No. 5059 of 2025 O.P.No.289 of 2025 G.Arunachalam S/o.Gopal, No.49/15, Gangai Amman Koil Street, Jafferkanpet, Chennai - 600 083.
Applicant/Petitioner Vs M.Chithra W/o.Manoharan, No.22/23, Vellalar Street, Opposite to EB Office, Malayambakkam, Chennai - 600 095.
...Respondent/Respondent
For Applicant(s):
M/s.V.Sundar Raman For Respondent(s):
M/s.P.S.Annapoorani appeared through VC Page No.1 of 5
ORDER
This application has been filed by the applicant/petitioner to seek interim custody of the minor child overnight from 19.10.2025 until 21.10.2025 in view of the Deepavali festival.
2. The learned counsel appearing for the applicant/petitioner would submit that already this Court passed an order in A.No.2373 of 2025 in O.P.No.289 of 2025, dated 18.08.2025, while granting visitation rights to the applicant/petitioner on every Sunday between 10.00 a.m. and 12.00 p.m., and the same has been duly complied with by the applicant. Now, on account of the Deepavali Festival, he wants to have the custody of his minor daughter from 19.10.2025 to 21.10.2025. Therefore, he filed this application, and the applicant may be permitted to have the interim custody of the child for the above days.
3. The learned counsel appearing for the respondent seeks a short adjournment to file an elaborate counter and also objected on the ground Page No.2 of 5
that the child is not comfortable with the applicant and she is crying after seeing the applicant. The learned counsel further submitted that, considering the child's psychology, even visitation rights cannot be granted to the applicant.
4. Since the Deepavali festival is coming on 20.10.2025 (Monday) and the respondent is also seeking adjournment to file a counter, in order to meet the ends of justice, the applicant/petitioner, being the father of the child, can be granted visitation rights on the date of Deepavali, i.e., 20.10.2025, between 10.00 a.m. and 12.00 p.m.
5. This Court had already granted visitation rights on every Sunday between 10.00 a.m. and 12.00 p.m. Therefore, no prejudice would be caused to the other side to grant one-day visitation rights on account of Deepavali. Hence, the respondent is directed to produce the child on 20.10.2025, at 10.00 a.m., at Mogappair near Velammal Matriculation School as usual, complying with the conditions passed by this Court pursuant to the order Page No.3 of 5
dated 18.08.2025 in A.No.2373 of 2025 in O.P.No.289 of 2025, and the applicant/petitioner is directed to hand over the custody of the child at 12.00 p.m. to the respondent without fail.
6. With the above-said observations and directions, this application is disposed of.
15-10-2025 (1/2) dk To
1. M.Chithra W/o.Manoharan, No.22/23, Vellalar Street, Opposite to EB Office, Malayambakkam, Chennai - 600 095.
Page No.4 of 5
P.DHANABAL,J.
dk A No. 5059 of 2025 O.P.No.289 of 2025 15.10.2025 Page No.5 of 5