Madras High CourtCONT P(MD)/1488/2026closed

A. Santhoshkumar v. S. Saranya.

2026-06-16Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice M.Jothiraman2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16-06-2026

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN CONT P(MD) NO. 1488 of 2026 A.Santhoshkumar Petitioner(s) Vs.

S.Saranya Respondent(s) For Petitioner(s): Mr.C.Vakeeswaran Prayer: Contempt petition filed under section 11 of the contempt of courts act, 1971 to take the above Contempt Petition on file and issue summons to the Respondent herein and deal with her in accordance with law for her willful disobedience of the fair and decreetal order in G.W.O.P.No.5 of 2024 on the file of the Principal District Court, Sivagangai, dated 26.06.2025.

ORDER

(Order of the Court was made by the Hon'ble N.Sathish Kumar J.) Alleging disobedience of the order passed in G.W.O.P.No.5 of 2024 on the file of the Principal District Court, Sivagangai, dated 26.06.2025, this contempt petition has been filed.

2. The contention of the petitioner is that by order dated 26.06.2026, the petitioner who is the father and natural guardian of her daughter namely, Dhanusree, was granted custody of her daughter. The minor daughter was with the petitioner for one year and now the custody has been removed by the respondent. Hence, this contempt petition. https://www.mhc.tn.gov.in/judis

3. No doubt, this Court can also exercise the jurisdiction for violation of the orders of the Subordinate Courts. The issue raised in this case is with regard to the custody of the minor chid. If there is any disobedience, there is an effective remedy provided under Section 45 of the Guardians and Wards Act, 1890. Instead of approaching the same Court which passed the order of custody, the petitioner has straightaway approached this Court. Hence, we are of the view that this contempt petition cannot be entertained.

4. Accordingly, the Contempt Petition is dismissed leaving it open to the petitioner to work out his remedy under Section 45 of the Guardians and Wards Act, 1890. (N.SATHISH KUMAR J.) (M.JOTHIRAMAN J.) 16-06-2026 bala To The Principal District Judge, Sivagangai.

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