Minor.Noorul Wajeeha v. Kamaludeen
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2026
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.(MD)No.4161 of 2026 1.Minor ***** 2.Minor ***** Both are represented by their maternal grandmother, Kanees Fatima Begam ... Petitioners vs.
Kamaludeen ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order of return dated 02.07.2025 in unnumbered O.P. of 2025 (Filing Number: OS/15/2025.CNR No.TNTP140000192025) on the file of the Family Court, Tiruchirappalli and direct the Ld.Family Court to number the same and to decide it in accordance with law. For Petitioners : Mr.P.Sujai Krishana For Respondent : Mr.V.Aishiev *****
O R D E R
Heard Mr.P.Sujai Krishna for the Civil Revision Petitioners and Mr.V.Aishiev for the Respondent.
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2. This Civil Revision Petition arises against the order passed by the learned Family Judge, Tiruchirappalli, in not taking on file the application filed under Section 7 of the Family Courts Act seeking guardianship.
3. The petitioner is the grandmother and the respondent is the father. The petitioner's daughter, viz., Rilwana Parveen, and the respondent entered into a contract of marriage on 04.04.2012. From the wedlock, one girl was born on 13.01.2013 and one boy was born on 01.08.2016. Unfortunately, Rilwana Parveen passed away on 17.02.2023. Due to disputes that arose between the parties, the two children are in the custody of their grandparents. The respondent/husband initiated G.W.O.P.No.735 of 2024 on the file of the Family Court at Tiruchirappalli.
4. When the revision came up for admission before this Court, I issued notice to the respondent/father. On the next date of hearing, Mr.Harshad, representing the respondent/father, reported that the father is willing to maintain the children. He expressed a grievance that the grandmother is not permitting him to spend quality time with the children. Noticing that the children are of tender age, and since it is the duty of this Court under Section 9 of the Family Courts Act and as this Court is exercising parens patriae jurisdiction over infants and 2/10
persons similarly situated, I called upon the grandmother, viz., Mrs.Kanees Fatima Begam, and the respondent, viz., Kamaludeen, to be present in Court. I interacted with both of them. The issues between the parties did not loom large, but were resolvable. Hence, initially, I granted visitation rights to Mr.Kamaludeen to visit his minor children at the residence of Mrs.Kanees Fatima Begam at all reasonable hours. Mrs.Kanees Fatima Begam reported that, with great difficulty and assistance from her son, she is educating the children. An arrangement was made calling upon Mr. Kamaludeen to pay the fees for the children's education. This order was passed on 29.04.2026.
5. The matter was posted to 09.06.2026. On that day, both parties appeared and reported that the father had exercised the visitation rights and had expressed his desire to take the children to various places of interest. While the son willingly accompanied the father, there was some hesitation on the part of the daughter. Mrs.Kanees Fatima Begam was requested to encourage the children to spend time with the father. The father was permitted to take custody of the children on 13.06.2026 and 14.06.2026 at about 10.00 a.m. and return the children by 1.00 p.m at Mrs.Kanees Fatima Begam's residence.
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6. When I called the matter today, both parties stated that the father had, in fact, taken the children out and spent some enjoyable moments with them.
7. Mr.Ashiev, representing the respondent/father, reports that the father has paid the fees on 15.06.2026. Mr.B.Sujai Krishna, reports that he will hand over the original receipts to the father, so as to enable him to claim whatever benefits are available to him under law.
8. Yet again, today, I interacted with both the parties and a broad consensus has been arrived at. They are: (i) The father will pay a sum of Rs.5,000/- (Rupees Five Thousand only) per month to each of his children, in all Rs.10,000/- (Rupees Ten Thousand only).
(ii) The father will be entitled to visit the children on working days at the residence of Mrs. Kanees Fatima Begam. (iii) The father will be entitled to take custody of the children at about 10.00 a.m. on every Saturday, in case it is a non-working day, or at 4.00 p.m. in case it is a working day. He shall spend about three hours with the children and return them to the custody of the grandmother thereafter, in case it is a holiday, or by 7.00 p.m., in 4/10
case it is a working day. This arrangement shall continue on Sundays also. The father can take custody of the children at 10.00 a.m. and shall return them to the custody of the grandmother by 2.00 p.m. (iv) The parties, being Muslims, have very few occasions on which the father and the children can spend time together. There are four important occasions for Muslims, viz., Bakrid, Ramzan, Miladun-Nabi and Muharram. The grandmother states that it is only Bakrid and Ramzan that are celebrated with great fervour in the family. Hence, for the ensuing year, the children shall spend Bakrid with the grandmother and Ramzan with the father, and the arrangement shall be rotated in the following year.
(v) The father shall bear whatever school fees are payable towards the education of the children. As a parent, he shall be entitled to attend any meeting in the school, where the presence of a parent is required, including parent-teacher meetings. If the grandmother so requires, she may also accompany the children for such meetings. (vi) In the event of any change in circumstances, both parties, this being a guardianship petition, shall be entitled to file an application for modification before this Court.
9. In terms of the aforesaid directions, the parties have entered into a Memo of Compromise. Both the parties appeared before this Court and agreed to all the terms of the compromise. The terms of the compromise are scanned and extracted hereunder: 5/10
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10. In view of the above, the Civil Revision Petition and G.W.O.P.No.735 of 2024 shall be disposed of in terms of the compromise recorded in this order. The compromise shall form a part of this order.
11. Insofar as the dispute with respect to the jewels is concerned, it is left open to the parties to agitate the same in an independent suit. It is made clear that in the event of any change in circumstances, both parties, this being a guardianship petition, shall be entitled to file an application for modification before this Court. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
17.06.2026 Index :Yes / No Internet :Yes / No NCC :Yes / No Nsr To:
The Family Court, Tiruchirappalli.
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V.LAKSHMINARAYANAN, J.
Nsr 17.06.2026 10/10