Madras High Court
OP/242/2025 of Jane Jacob Vs Fr. Jacob Varghese alias Rony Varghese on 7 October 2026
OP No. 242 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-10-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
OP No. 242 of 2025 and A.No.2113 of 2025
CNR: {HCMA010850002025}
Jane Jacob
Flat No.4, Building No.855,
Way No.1911, Darsait Near Modern Exchange, Muscat, P.C.112.
Sultanate of Oman.
..Petitioner(s)
Vs
Fr. Jacob Varghese alias Rony Varghese
Cheruvallil, Pakkil,
P.O. Kottayam,
Kerala - 686 012.
..Respondent(s)
a) That the petitioner may be granted permanent custody of the minor male children named Johan Jacob, born on 14.02.2009, aged 16 years and Ivan Jacob, born on 22.03.2014 aged 11 years b. That the petitioner be appointed as the Guardian of the person of the minor male children named Johan Jacob, born on 14.02.2009, aged 16 years and Ivan Jacob, born on 22.03.2014 aged 11 years c.That the petitioner mother the natural guardian may be permitted to apply and take admission for minor male children named Johan Jacob, born on 14.02.2009, aged 16 years and Ivan Jacob, born on 22.03.2014
aged 11 years in Indian School Muscat without the consent of the respondent.......
For Petitioner(s):
Mr.S.Rajasekar
( Uploaded on: 08/10/2026 06:14:04 pm )
OP No. 242 of 2025
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
The mother of the minors Johan Jacob, aged 16 years, born on 14.02.2009 and Ivan Jacob, aged 11 years born on 22.03.2014 is the petitioner in the present OP No.242 of 2025, filed under Sections, 3 and 7 to 10 read with Sections 25 and 26 of the Guardians and Wards Act, 1890 read with Order XXI Rules 2,3 and 11 of the Original Side Rules read with Clause 17 of the Letters Patent, 1865.
2. I have heard Mr.S.Rajasekar, learned counsel for the petitioner. There is no appearance on the side of the respondent, despite service of notice and name of the respondent also being printed in the cause list.
3. In fact, my predecessor, in and by order dated 11.09.2026 had directed appearance of the petitioner and the minor children through Video Conferencing since they are residing abroad. Today, the petitioner/mother and the minor sons are present through video conference and I interacted with all of them.
4. The sons are now aged 17 and 12 years respectively and after interacting with them, I am of the considered opinion that they are reasonably capable of forming an independent opinion/decision. The minor children are presently studying in Muscat and are residing with their mother/petitioner Jane
( Uploaded on: 08/10/2026 06:14:04 pm )
OP No. 242 of 2025
Jacob.
5. The respondent is a Priest at Ceruvallil, Pakkil, Kottayam P.O. Kerala. The Original Petition has been filed seeking permanent custody of the minor boys viz., Johan Jacob and Ivan Jacob and also for appointment of the mother as the Guardian of the said minor children.
6. The respondent has not chosen to contest the said original petition by entering appearing and objecting to the relief sought for by the petitioner/mother. I have gone through the petition filed in support of the application for appointment of guardian and permanent custody as already indicated and I also personally interacted with the minor sons, one of whom is almost at the verge of attaining majority and the other one being 12 years.
7. The minor sons are very clear that they are very happy and comfortable with their mother, the petitioner herein and they are being taken very good care of.
8. The petitioner has examined herself as P.W.1 and marked Exs.P.1 to P.10. I have also gone through the proof affidavit filed by the petitioner. Though the petitioner and the respondent were married on 26.11.2007 and they are blessed with two sons, differences of opinion arose between the petitioner and
( Uploaded on: 08/10/2026 06:14:04 pm )
OP No. 242 of 2025
the respondent and the petitioner filed OP No.52 of 2020 for dissolution of marriage on the ground of cruelty. According to the petitioner, the same is pending on the file of the Family Court, Ettumanoor, Kerala. The petitioner has also made serious allegations against the respondent that he is a homosexual and has misbehaved with his elder son and proceedings under POCSO Act is also pending against the very close relative of the respondent who has indicted the respondent himself in the said proceedings.
9. In the light of the above and also taking into account the interaction that I had today, the petitioner and two minor sons, I have no hesitation to hold that the mother is best suited to be the guardian and also have the permanent custody of the two minor sons viz., Johan Jacob, born on 14.02.2009 and Ivan Jacob, born on 22.03.2014.
10. In the result, OP No.242 of 2025 is allowed. No costs. Consequently, connected A.No.2113 of 2025 is closed. 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SR
( Uploaded on: 08/10/2026 06:14:04 pm )
OP No. 242 of 2025
To The Sub Assistant Registrar, Original Sides, High Court, Madras
( Uploaded on: 08/10/2026 06:14:04 pm )
OP No. 242 of 2025
P.B.BALAJI, J. SR OP No. 242 of 2025 07.10.2026
( Uploaded on: 08/10/2026 06:14:04 pm )