A NO. 3606 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-08-2025 CORAM THE HONOURABLE MR.JUSTICE K.KUMARESH BABU A No. 3606 of 2025 in OP No. 707 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 present application has been filed to grant interim custody directing the respondent to hand over the minor children to the petitioner for 5 days in a week from Monday to Friday till the disposal of the main O.P. 2.Heard Mr.M.Kempraj, learned counsel for the applicant and Mr.S.Rajasekar, learned counsel for the respondent. https://www.mhc.tn.gov.in/judis 3.By order dated 11.08.2025, this Court had directed the minor children to be produced in my Chambers on 12.08.2025. Both the children were produced and had an interaction with them. The children had made a statement in clear terms that they have been mentally and physically ill-treated and assaulted not only by the respondent/ father but also by his parents and other relatives. This Court after having interaction, had directed the matter to be listed on 18.08.2025. On 18.08.2025, this Court had directed the children to be produced before a Counsellor attached to the Family Court, Chennai on 20.08.2025 and requested the Counsellor to ascertain the children and file a Report. 4. Today, when the matter is taken up for hearing, the Report of the Counsellor is placed before this Court. A Report had been filed by the Counsellor attached to the Family Court, Chennai. For better appreciation, the same is extracted hereunder:- https://www.mhc.tn.gov.in/judis 5. A perusal of the Report would indicate that the children have been clear in statements made about their father and his relatives. It is further to be noted that when the children were produced before me on 12.08.2025, the children were in the custody of the father after spending their time during the weekends with the mother. Thereafter, the children had been in the custody of the father till that week and continued in his custody from 18.08.2025 till 20.08.2025 when the counsellor had interacted with the children. Therefore, the statement made by the children cannot be taken to be made under pressure from the applicant/ mother. This Court had earlier directed the custody during the weekdays with the father and weekends with the mother. https://www.mhc.tn.gov.in/judis 6. Learned counsel appearing for the respondent/ father would submit that the children are staying with the father along with their paternal grandparents, however, the mother is staying alone and it would be difficult for her to manage the children alone. Therefore, he would submit that the custody during the weekdays with the father cannot be disturbed. 7. However, considering the categorical statements made by the children before this Court as well as the counsellor, this Court is of the view that for better physical and emotional well- being of the children, the mother can be granted the weekly custody and the father can be given the custody on Saturdays and Sundays. He would be entitled to pick up the children from the residence of the applicant at 10.00 am on Saturdays and shall handover the children back at 6.00 pm on the following Sunday. The respondent is directed to mend his ways and also see that the children are neither physically or mentally ill-treated or assaulted either by him or his relatives. Accordingly, the application stands ordered on the terms indicated above. 26-08-2025 Gba https://www.mhc.tn.gov.in/judis 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