Madras High Court

OSA/162/2021 of S.VIJAYAPRABHU Vs KARTHIKA on 15 September 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-09-2026

CORAM

THE HON'BLE MR JUSTICE P. VELMURUGAN

AND

THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR

OSA No. 162 of 2021 and

CMP Nos.7158 and 7161 of 2021

{HCMA010482122021}

S.Vijayaprabhu

S/o.N.Sivapraksam

..Appellant(s)

Vs

Karthika

D/o.Krishnan

..Respondent(s)

Original Side Appeal filed under Order XXXVI Rule 1 of the O.S. Rules read with Clause 15 of the Letters Patent Appeal, to set aside the order dated 04.03.2021 passed in O.A.No.2912 of 2020 in O.P.No.561 of 2020.

For Appellant(s):

Ms.S.P.Arthi

For Respondent(s):

No Appearance

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JUDGMENT

(Judgment of the Court was delivered by P.Velmurugan J.) The Appeal has been filed to set aside the order dated 04.03.2021 passed in O.A.No.2912 of 2020 in O.P.No.561 of 2020.

2. The appellant and the respondent are husband and wife and the present dispute pertains to child custody. The appellant/father filed the Original Petition in O.P.No.561 of 2020 seeking (a) permanent custody of his minor child S.V.Pavithran, born on 20.05.2011 and (b) to appoint him as the sole and exclusive guardian of his minor child S.V.Pavithran. Pending O.P., the appellant filed an application in O.A.No.2912 of 2020 seeking interim custody of the minor child pending disposal of the said Original Petition. The learned Single Judge, by an order dated 04.03.2021, directed the respondent/mother to hand over the minor child to the appellant on the first and third week of every month, from Saturday at 10. a.m. to Sunday 4.00 p.m. The relevant portion of the said order reads follows;

2. After due deliberation, it is agreed by the counsel appearing for the respondent that the respondent is ready to hand over the child to the petition in alternative weeks on Saturday and Sunday.

3. In view of the above submission, the respondent is directed to hand over the minor child to the petitioner on the first and third week of every month, on Saturday 10. a.m. to Sunday 04.00 p.m. without fail. The petitioner is directed to make necessary arrangements for picking up and for dropping the child from the respondent’s house. Hence, challenging the above said order, the appellant has filed the present appeal.

3. Despite service of notice and the name of the counsel for the respondent being printed in the cause list, there is no representation for the respondent.

4. The learned counsel for the appellant submits that during the pendency of this appeal, the custody of the child has remained with the appellant and the child has now attained the age of 15 years.

5. In view of the above submission, this appeal has become infructuous. Accordingly, this Appeal is dismissed as infructuous. Consequently, the connected Miscellaneous Petitions are closed. No costs. (P.V.,J.) (G.K.M.,J.) 15-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KSA-2

P.VELMURUGAN, J. AND GK.MUTHUKUMAAR, J. KSA-2 OSA No. 162 of 2021 15-09-2026

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