A NO. 1539 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-03-2025 CORAM THE HONOURABLE MR JUSTICE K.KUMARESH BABU A NO. 1539 of 2025 in O.P.No.707 of 2024 and O.A.No.458 of 2024 and O.P.No.203 of 2024 and A.Nos.3705, 5594, 3482, 6655 of 2024 Swapna R W/o.R.Rajkumar, 11h, D Block, 78, Parthasarathy Koil Street, Arulayiammanpet, Thiru Vi Ka Industrial Estate, Guindy, Chennai - 600 032. Applicant(s) Vs R.Rajkumar S/o.Mr.E.Ravishankar, No.1/53, O, 2nd Street, Sripuram Colony, St.Thomas Mount, Chennai - 600 016. Respondent(s) For Applicant(s): Mr.M.Kempraj For Respondent(s): Mr.S.Rajasekar ORDER The applicant/mother would submit that the minor child's birthday falls on 26.03.2025, i.e., tomorrow, and therefore would seek permission to celebrate the birthday tomorrow in the evening. https://www.mhc.tn.gov.in/judis 2. However, the learned counsel appearing for the respondent/father would submit that even in the last year, the Hon'ble Division Bench of this Court in the Habeas Corpus Petition filed by the applicant/mother had permitted her to celebrate the child's birthday, however, after inviting the applicant/father and also given the details of the invitees and in spite of the child being sent to the applicant/mother for celebrating the birthday, the applicant/mother did not give any details. He would submit that since tomorrow being working day for school, the respondent/father has also arranged for a small party to celebrate the birthday of the minor children by inviting the child's classmates at 6:30 p.m, and he would not have any objection if the applicant/mother takes the child between 04:00 p.m and 06:30 p.m. 3. The learned counsel for the applicant/mother has prayed for a custody of the children during the long ensuing summer vacation. 4. The learned counsel for the respondent/father would submit that the applicant/mother is already enjoying the weekend visitation rights of the children and that due to his avocation, he also could not spend much time with the children on that day and therefore, such rights need not be ordered. 5. I have considered the submissions made on either sides. 6. Since, the respondent/father has himself admitted for permitting the applicant/mother to https://www.mhc.tn.gov.in/judis celebrate the birthday of the children between 04:00 p.m and 06:30 p.m on 26.03.2025, the applicant/mother is permitted to pick up the children at 04:00 p.m from the residence of the respondent/father and is directed to hand over back the children by 06:30 p.m. If the applicant/mother wishes to take part in the celebration arranged by the respondent/father, the respondent/father shall also permit the applicant/mother to participate. 7. As regards the Summer Vacation, the children have been in custody of the respondent/father and the applicant/mother had been permitted to have the custody of the children only during the weekdays. The respondent/father has also indicated that he has arranged summer courses is being conducted in the school during the month of April. Since the applicant is a biological mother of the children and the children are also enjoying the weekend custody with the applicant/mother, I do not find any impediment in permitting the applicant/mother to have the custody of the children. 8. In such view of the matter, for a longer time, during the ensuing summer vacation, the applicant/mother is permitted to take the children from the custody of the respondent/father on 05.04.2025 at 05.00 p.m and shall hand over back the children to the respondent/father on 05.05.2025 by 06:00 p.m. The applicant/mother shall also ensure that the children attend the summer camp in which they have been enrolled at school. 9. With the aforesaid directions, the application in A.No.1359 of 2025 in O.P.No.707 of 2024 stands disposed of. https://www.mhc.tn.gov.in/judis 10. The matter may be relegated back to the learned Master on 02.04.2025, for recording of evidence. 25-03-2025 kak Note: Registry is directed to issue order copy on 25.03.2025 To 1. R.Rajkumar S/o.Mr.E.Ravishankar, No.1/53, O, 2nd Street, Sripuram Colony, St.Thomas Mount, Chennai - 600 016. https://www.mhc.tn.gov.in/judis