Madras High Court

OP/102/2025 of M.Minu Vs N.Subbarayan on 6 October 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-10-2026

CORAM

THE HON'BLE MR.JUSTICE P.B. BALAJI

OP No. 102 of 2025

CNR: {HCMA010128412025}

M.Minu

D/o. S.Manoharan,

Flat No.1, New No.120, Old No.144,

SBI Officers Colony, St.Mary Road,

Alwarpet, Chennai 600 018.

..Petitioner(s)

Vs

N.Subbarayan

S/o. Natarajan,

No.12, Perumal West Car Street,

Palayamkottai, Tirunelveli 627 002.

..Respondent(s)

PRAYER: This Original Petition is filed under Section 3, 7 to 10, 25 and 26 of the Guardianship and Wards Act, 1890 read with Order XXI, Rule 2 and 3 of O.S. Rules, a) to appoint the petitioner as Guardian of the person of the minors Viz., Girl Child Ilakkiya born on 02.09.2018 and Boy Child Semmugil born on 16.09.2021 b) Permanent custody of the minors viz., Girl Child Ilakkiya born on 02.09.2018 and boy child Semmugil born on 16.09.2021 to the petitioner c) To permit the petitioner to take the minor children namely Ilakkiya and Semmugil out of Jurisdiction of India.

For Petitioner(s):

Mrs.Kanimozhi Mathi

For Respondent(s):

Sole Repondent- Set Ex-parte On Dt: 01/07/2026

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ORDER

This OP has been filed under the Guardian Wards Act, 1890, by the mother of the Girl Child Ilakkiya, aged 8 years, and Boy Child Semmugil born on 16.09.2021, aged 5 years, respectively.

2. Heard Ms.Kanimozhimathi, learned counsel for the petitioner. Despite service of notice on the respondent, the respondent, husband has remained exparte and has not chosen to contest the Original Petition. Pursuant to directions of this Court, evidence has already been recorded before the learned Master. The petitioner examined herself as P.W.1 and marked Ex.P1 to Ex.P8. Though at the time of filing of the Original Petition, the petitioner and the respondent had not been separated, in and by Ex.P6, it is seen that in OP No.3559 of 2024, the parties have dissolved their marriage, by mutual consent, by order dated 08.11.2024, on the file of the Principal Family Court, Chennai.

3. The learned counsel for the petitioner also brought to my notice that Paragraph No.5 of the order passed in HMOP No.3559 of 2024, where the respondent/husband has agreed for permanent custody and guardianship of the minor children to be vested with the petitioner herein, viz., his former wife and has also given up his rights of visitation in future. The factum of custody of the minor children being with the mother is also recorded and the learned Principal

Judge, Family Court by order dated 08.11.2024, has also allowed the OP and dissolved the marriage solemnized between the petitioner and the respondent on 11.02.2018 at Egmore and subsequently registered on 23.10.2019, before the Marriage Registrar Joint I, Chennai South as Sl. No.HMR/Chennai South Joint I/315/2019.

4. I have gone through the evidence adduced by the petitioner as P.W.1 and also the documents that have been filed in support of the Application. The petitioner has also filed a declaration of willingness to act as a guardian of the minor children. The respondent/husband has also given up his right, even visitation, leave alone custody and guardianship of the minor children. The mother, in such circumstances is best suited to be the guardian and also have permanent custody of the minor children.

5. Mrs.Kanimozhimathi, learned counsel for the petitioner has further stated that since the petitioner is now separated from the respondent, she is likely to get employment outside India, and in such event, she may take the children alongwith with her, wherever she travels in future, in pursuit of her career. In fact at para 11 of the petition as well as the petitioner has stated that she is likely to get employment abroad and she will be in a better position to take good care of the future of the minor children and also provide quality education to them.

P.B.BALAJI, J.

6. In the light of the above, considering the petition averments, oral and documentary evidence, I am inclined to allow the Original Petition appointing the petitioner as guardian of the minor Girl Child Ilakkiya, born on 02.09.2018 and Boy Child Semmugil, born on 16.09.2021, granting permanent custody of and also permission to the petitioner to take the minor children outside jurisdiction of India, if occasion so warrants. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKP

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