O.P.No.781 of 2018 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.03.2025 CORAM THE HONOURABLE MR.JUSTICE K.KUMARESH BABU O.P.No.781 of 2018 and A.Nos.6659 of 2018, 7008 of 2019 & 223 of 2024 Mr.K.J.Sudar Kumar …Petitioner vs. Mrs.Abirami Manoharan ...Respondent PRAYER: Original Petition filed under Section 3, 7, 8, 9, 10 & 25 of Guardians and Wards Act 1890 read with Order XXI Rule 2 & 3 of the Madras High Court O.S.Rules, prays before this Hon'ble Court to pass an order in favour of the petitioner: a) To appoint the petitioner as Guardian of the person of the minor children namely Master.Eshaan Kanna (Aged 10 years) and Selvi.Dhiya Sudar (8 years) b) Granting custody of the two minor children namely Master.Eshaan Kanna (Aged 10 years) and Selvi.Dhiya Sudar (8 years) and consequently directing the respondent to hand them over to the petitioner. c) to award the costs of this Petition, d) and pass such further orders as this Hon'ble Court may deem fit and necessary in the circumstances of this case and thereby render justice. 1/5 https://www.mhc.tn.gov.in/judis O.P.No.781 of 2018 For Petitioner : Ms.R.V.Rukmani For M/s.P.B.Ramanujam Associates For Respondent : Mr.L.Muralikrishnan For Mr.K.P.Sathish Kumar ORDER This original petition has been filed to appoint the petitioner as Guardian of the person of the minor children namely Master.Eshaan Kanna (Aged 10 years) and Selvi.Dhiya Sudar (8 years) and to grant custody of the children and also to direct the respondent to hand them over to the petitioner. 2. The parties have let in evidence before the learned Master and the petitioner/father has clearly indicated that he would have no objection for the respondent/mother having permanent custody of both the children and had sought for visitation rights on every Saturdays. Similarly, he had also claimed 50% of the long holidays. 3. Similarly, the respondent/mother would submit that she want permanent custody of both the minor children and also deposed that she do not have any objection for the current visitation rights on Saturdays and the 2/5 https://www.mhc.tn.gov.in/judis O.P.No.781 of 2018 additional visitation rights could be granted, considering the children's convenience, comfort and consent and it should not affect the education of the children in any way. 4. In view of the specific deposition of the petitioner/father that he would have no objection to give permanent custody of the children to the respondent/mother, no further adjudication is required to be made in this original petition and the same can be closed. 5. The parties have also agreed for the petitioner/father to pick up the minor children at 8:00 a.m. on every Saturday and drop the children back at 8:00 p.m. on the same day. It is to be noted that such visitation had been continued by orders of this Court. 6. Further, the minor children also enjoy long holidays declared by the respective schools. In such view of the matter, the petitioner/father is permitted to take the minor children from the residence of the respondent/mother at 8:00 a.m. on every Saturday and he shall hand over the children back to the respondent/mother's residence at 8:00 p.m. on the same day. The petitioner/father is also entitled to have the custody of the minor 3/5 https://www.mhc.tn.gov.in/judis O.P.No.781 of 2018 children for 50% of all long holidays. The respondent/mother shall intimate such long holidays declared by the school to the petitioner/father, enabling him to pick up the children to enjoy during holidays, which should also include travel to abroad. If the petitioner/father wants to take the children to abroad for holidays, the respondent/mother shall facilitate the same by handing over the passport of the minor children to the petitioner/father and shall also co-operate in securing visas for the children, as and when necessary. 7. This order does not preclude the respondent/mother from taking the children on holidays to a foreign country. The petitioner and the respondent shall also intimate each other in advance to arrange their holidays with the children accordingly. 8. In the light of the petitioner's submissions and the mutual agreement between the parties recorded supra, the original petition stands closed subject to rights of visitation ordered supra. However, there shall be no order as to costs. Consequently, connected miscellaneous applications are closed. 24.03.2025 4/5 https://www.mhc.tn.gov.in/judis O.P.No.781 of 2018 kak K.KUMARESH BABU,J. kak O.P.No.781 of 2018 24.03.2025 5/5 https://www.mhc.tn.gov.in/judis