Madras High Court
OSA/172/2026 of R.V.Chaitanya Kartheek Vs Chilukuri Venkata Swapna Manjari on 23 September 2026
O.S.A.Nos.172 & 173 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-09-2026
CORAM
THE HON'BLE MR JUSTICE P. VELMURUGAN
AND
THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR
O.S.A.Nos.172 & 173 of 2026
and
C.M.P.Ns.26522 & 26516 of 2026
CNR:{HCMA012130082026}
R.V.Chaitanya Kartheek
S/o R.V.Rajanikanth,
permanently residing at
No.7E, Bhaggyam Lakeshore Apartments
29/13, 200ft Radial Road, Chennai- 600 117, presently residing at 1107, 21st Century Tower, Sheik Zayed Road, Trade Centre DIFC, Dubai UAE,
..Appellant in both the
Appeal
Vs
Chilukuri Venkata Swapna Manjari
C/o Venkata Subba Rao Chilukuri,
Permanetly residing at
B-1404, Newry Park Towers,
No.9, Park Road, Chennai- 600 101,
presently residing at
No.8B, Bhaggyam Lakeshore Apartments,
29/13, 200 feet Radial Road,
Keekattalai, Chennai- 600 117.
..Respondent in both the
Appeals
Prayer in both the Appeals: These Original Side Appeals are filed under Order XXXVI Rule 1 of Original Side Rules r/w Clause 15 of Letters Patent to set aside the order in Application No.6355 & 6354 of 2025 in OP No.695 of
O.S.A.Nos.172 & 173 of 2026
2025 passed by the learned Judge dated 27.02.2026 insofar as it directs the Appellant to sign necessary documents to facilitate the minor child for getting Australian Visit Visa.
For Appellant:
Mr.P.V.Balasubramaniam, Senior Counsel
for Mr H.Adaikala Arockiaraj – in both the Appeals For Respondent:
Mr.T.Mohan, Senior Counsel for
Mrs.K.Sumathi – in both the Appeals
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COMMON JUDGMENT
(Judgment of the Court was delivered by P.Velmurugan J.) The appellant is father and the respondent is mother of the minor child Rachapudi Venkata Rushank. They both got mutual divorce in the year 2022 itself. The respondent/mother filed the Original Petition in O.P.No.695 of 2025 seeking to appoint her as the Guardian of the minor child and to grant permanent custody and to permit her to take the minor child outside the jurisdiction of this Court. Pending the Original Petition, the respondent/mother filed applications seeking direction to the appellant/father to sign all necessary documents to facilitate the minor child and to enable the child to travel with the respondent/mother to Adelaide, Australia or atleast for a vacation on outcome of the Australian Visa or Australian Visit Visa.
The learned Single Judge, vide common order dated 27.02.2026
O.S.A.Nos.172 & 173 of 2026
disposed of the said applications by directing the appellant/father to co-operate for the Visa proceedings, aggrieved against which the appellant/father is before us with the present Original Side Appeal.
According to learned Senior Counsel appearing for the appellant, the appellant is father of the minor child and the Family Court, vide order dated 07.06.2022, while dissolving the marriage between the appellant and the respondent by mutual consent, granted visitation rights to the appellant/father and custody of the child was granted to the respondent/mother. 3.1 Now the respondent got re-married and she is making arrangements in Australia for re-location to settle there permanently, where her husband is working. Hence the respondent/mother wants to take the child to Australia, if the respondent permitted to take the child to Australia, the appellant/father could not see the child for years together, which will break the father-child relationship.
The learned Senior Counsel for the respondent/mother contended that the respondent/mother got re-married and her husband is working in Australia and hence she wants to take the minor child along with her. The order of the Family Court is clear that the appellant/father was granted visitation rights and hence as and when the Court directs or the appellant requires, the
O.S.A.Nos.172 & 173 of 2026
respondent/mother will bring the child. 4.1 Further the appellant also employed in Dubai and hence and no prejudice would be caused to the appellant, if the respondent/mother permitted to take the child to Australia.
This Court on the earlier occasion instructed the learned Senior Counsel for the appellant to co-operate for the Visa proceedings as ordered by learned Single Judge. Accordingly today, the learned Senior Counsel made a fair representation that he brought the visa applications signed by the appellant and would submit the same to the respondent.
It is seen that the order of the learned Single Judge is very clear that the respondent/mother cannot take the child abroad without leave of the Court and further admittedly the petition seeking to permit the respondent/mother to take the minor child to Adelaide, Australia, is pending for consideration before the learned Single Judge. Furthermore the main Original Petition seeking permanent custody of the child is also pending for consideration before the learned Single Judge.
At this juncture, we do not find any reason to interfere with the order of the learned Single Judge. However it is made clear that the
O.S.A.Nos.172 & 173 of 2026
respondent/mother should not take the minor child to Australia without leave of the Court and make the child available, whenever the Court orders production of the minor child.
With the above observations and directions, these Original Side Appeals are disposed of. Consequently connected miscellaneous petitions are closed. No cost. It is needless to state that the pending application in A.No.6356 of 2025 and the main Original Petition in O.P.No.695 of 2025 shall be decided on its own merits, uninfluenced by any of the observation made by this Court. (P.V.,J.) (G.K.M.,J.) 23-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No cgi
O.S.A.Nos.172 & 173 of 2026
P.VELMURUGAN J. AND GK.MUTHUKUMAAR J. cgi O.S.A.Nos.172 & 173 of 2026 and C.M.P.Ns.26522 & 26516 OF 2026 23-09-2026