A.No.3716 of 2025 in O.P.No.403 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-10-2025 CORAM THE HONOURABLE MR.JUSTICE P. DHANABAL A No. 3716 of 2025 in O.P.No.403 of 2025 Nithyavendhan K, S/o. P.Karunanidhi, Flat No.F2, Swanag's Srinivas Apartments, Play Ground View Street, Nandanam Extension, Chennai 600 035. Applicant/Petitioner Vs Mithula S W/o.Nithyavendhan K, 6/591 G1, Kamaraj Nagar, Poiyerikarai, Bodhupatty Road, Namakkal - 637 001. Respondent/Respondent For Applicant(s): Mr.K.Sathish For Respondent(s): M/s.D.Saravana Kumar Page No.1 of 8 https://www.mhc.tn.gov.in/judis A.No.3716 of 2025 in O.P.No.403 of 2025 ORDER This application has been filed by the applicant/petitioner to permit the applicant to have the custody of the child, namely Mahizh Isai Nithyavendhan, till the disposal of the main Original Petition. 2. According to the applicant/petitioner, he is the father of the child. At the time of filing of this application, the child was with his custody and he filed the Original Petition to appoint him as the guardian of the child, namely, Mahizh Isai Nithyavendhan, and to grant permanent custody of the child to him. (b) In fact, the applicant/petitioner was taking care of the child and the child is suffering from an eye problem. For better treatment, the child has been treated in the Hospital at Chennai. There are no adequate facilities in the Namakkal District. Already the applicant tested the child at Sankara Nethralaya Hospital, Chennai and in order to continue the treatment, the custody of the child has to be given to the applicant. Page No.2 of 8 https://www.mhc.tn.gov.in/judis A.No.3716 of 2025 in O.P.No.403 of 2025 (c) In the meantime, after the filing of this application, this Court directed the applicant/father to hand over the child to the respondent/mother, and now the child is under the custody of the respondent/mother. For the treatment of the child, the custody has to be given to the applicant/father. Therefore, the applicant filed this application. 3. According to the respondent/mother, the child is aged only about three years. The respondent/mother is the competent person to have the custody of the child. Already the applicant/father has forcibly taken custody of the child. The respondent/mother also filed G.W.O.P.No.77 of 2025 before the Principal District Court, Namakkal. Thereafter, the applicant/father filed this application before this Court. (b) This Court passed an interim order directing the applicant/father to hand over the child to the respondent/mother, and thereafter, the child is under the custody of the respondent/mother. Hence, the custody of the respondent need not be disturbed. Page No.3 of 8 https://www.mhc.tn.gov.in/judis A.No.3716 of 2025 in O.P.No.403 of 2025 (c) The applicant prayed to keep the custody of the child and thereafter, this Court directed to hand over the child to the respondent, and now the child is with the respondent. Therefore, the prayer of the applicant is not maintainable. 4. This Court heard both sides and perused the records. 5.The applicant is the father and the respondent is the mother of the child, namely Mahizh Isai Nithyavendhan. The child is a girl aged about three years. The applicant filed the main Original Petition for the relief to appoint him as the guardian of the child and to grant permanent custody of the child to him. 6. During the pendency of the main Original Petition, this Court directed the applicant to hand over the custody of the child to the respondent and based on that order, the custody was also given to the Page No.4 of 8 https://www.mhc.tn.gov.in/judis A.No.3716 of 2025 in O.P.No.403 of 2025 respondent. The said order was not challenged by the applicant. The custody of the child has to be decided in the main Original Petition. Therefore, the prayer sought for in this application is not maintainable. 7. After passing the interim order by this Court, there is no appeal filed by the applicant. Therefore, now the child is under the custody of the respondent. At this stage, the custody of the child cannot be decided, and it has to be decided in the main Original Petition. However, the applicant being the father of the child, he is entitled to visitation rights. As far as the treatment is concerned, the mother shall take the child to the hospital, the father can also accompany with the child for treatment and the medical expenses shall be incurred by the father of the child. 8. Accordingly, this application is disposed of with the following terms: (a) The applicant/father of the child is entitled to visit the child on every Sunday at Namakkal Anjaneyar Temple, Hanumar Koil Street, Page No.5 of 8 https://www.mhc.tn.gov.in/judis A.No.3716 of 2025 in O.P.No.403 of 2025 Palaniyappa Colony, Thillaipuram, Namakkal, Tamil Nadu 637001, from 10.00 a.m. to 1.00 p.m. (b) The respondent/mother of the child is directed to produce the child at Namakkal Anjaneyar Temple, Hanumar Koil Street, Palaniyappa Colony, Thillaipuram, Namakkal, Tamil Nadu 637001 at 10.00 a.m., and thereafter, the applicant/father of the child can have custody of the child up to 1.00 p.m. Thereafter, the custody of the child has to be handed over to the respondent/mother of the child. 9. With the above observations, this application is disposed of. 09-10-2025 (1/2) dk Page No.6 of 8 https://www.mhc.tn.gov.in/judis A.No.3716 of 2025 in O.P.No.403 of 2025 To 1. Mithula S W/o.Nithyavendhan K, 6/591 G1, Kamaraj Nagar, Poiyerikarai, Bodhupatty Road, Namakkal - 637 001. Page No.7 of 8 https://www.mhc.tn.gov.in/judis A.No.3716 of 2025 in O.P.No.403 of 2025 P.DHANABAL,J. dk A No.3716 of 2025 in O.P.No.403 of 2025 09.10.2025 (1/2) Page No.8 of 8 https://www.mhc.tn.gov.in/judis