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2026 DAILYLAW 40469 (MAD)

H.Lalithambigai v. K.S.S.Sivasubramanian

CRP/1767/2026 · 2026-06-22

T V Thamilselvi

Transfer Petitionbody2026

Judgment text

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CRP No. 1767 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-06-2026 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRP No. 1767 of 2026 AND CRP NO. 805 OF 2026,CMP NO. 8037 OF 2026 1. H.Lalithambigai W/O. Sivasubramnaina, D/O. Hariharan, Old D.No.1/117, New D.No.1/143, New street, Vembadithalam Post, Salem - 637504. Petitioner(s) Vs 1. K.S.S.Sivasubramanian S/O. R.V.S.Selvaraj, Rep. by his Father/ Power of Attorney, R.V.S.Selvaraj, No.15-5, south Colony, Kumarapalayam, Namakkal District - 638183, Also at APT BLK 172-B, Edgedale Plains, No.12-480, Singapore - 822172. 2.R.V.S.Selvaraj S/o. Sundarrajan, No.15-5, South Colony, Kumarapalayam, Namakkal District - 638 183. 3.S.Sornalatha W/o. R.V.S.Selvaraj, No.15-5, South Colony, Kumarapalayam, Namakkal District - 638 183. Respondent(s) CRP No. 805 of 2026 1. K.S.S.Sivasubramanian, S/o.R.V.S.Selvaraj, Rep. by his https://www.mhc.tn.gov.in/judis CRP No. 1767 of 2026 Father/Power of Attorney, R.V.S.Selvaraj, APT BLK 172-B, Edgedale Plains, No.12-480, Singapore -822 172. 2.R.V.S.Selvaraj, S/o.R.V.Sundararajan, Residing at Door No.15-5, South Colony, Komarapalayam, Tiruchengode Taluk, Namakkal District. 3.S.Swarnalatha, W/o.R.S.Selvaraj, Residing at Door No.15-5, South Colony, Komarapalayam, Tiruchengode Taluk, Namakkal District. Appellant(s) Vs 1. H.Lalithambigai, W/o.Sivasubramanian, D/o.Hariharan, Door No.1/119, Vembadithalam -637 504, Salem Taluk and District. Respondent(s) CMP No. 8037 of 2026 1. H.Lalithambigai W/O. Sivasubramnaina, D/O. Hariharan, Old D.No.1/117, New D.No.1/143, New street, Vembadithalam Post, Salem - 637504. Appellant(s) Vs 1. K.S.S.Sivasubramanian S/O. R.V.S.Selvaraj, Rep. by his Father/ Power of Attorney, R.V.S.Selvaraj, No.15-5, south Colony, Kumarapalayam, Namakkal District - 638183, Also at APT BLK 172-B, Edgedale Plains, No.12-480, Singapore - 822172. https://www.mhc.tn.gov.in/judis CRP No. 1767 of 2026 2.R.V.S.Selvaraj S/o. Sundarrajan, No.15-5, South Colony, Kumarapalayam, Namakkal District - 638 183. 3.S.Sornalatha W/o. R.V.S.Selvaraj, No.15-5, South Colony, Kumarapalayam, Namakkal District - 638 183. Respondent(s) CRP No. 1767 of 2026 PRAYER To direct the II Additional District Judge, Salem to dispose off the I.A.No.5 of 2024 in G.O.P.No.78 of 2023 and consequently direct the Trial Court to permit the Petitioner to take the Minor daughter of the Petitioner to Sydney, Australia from 01.05.2026. CRP No. 805 of 2026 PRAYER To set aside the Order dated 15.10.2024 made in I.A.No.4 of 2024 in G.O.P.No.78 of 2023 on the file of II Additional District Judge, Salem and allow the above Civil Revision Petition and thus render justice. CMP No. 8037 of 2026 PRAYER To grant an Order of Interim Direction, directing the Respondents to forthwith return the Original Passport of the Petitioner and her Minor Daughter to the Petitioner, pending disposal of the CRP CRP No. 1767 of 2026 For Petitioner(s): MR.K.Selvaraj For Respondent(s): Mr.C.S.Saravanan For R1 and R2 ORDER The petitioner in C.R.P. No.1767 of 2026, Lalithambigai, has filed this petition seeking a direction to the learned II Additional District Judge, Salem, to dispose of I.A. No.5 of 2024 in G.O.P. No.78 of 2023 and consequently permit https://www.mhc.tn.gov.in/judis CRP No. 1767 of 2026 the petitioner to take her minor daughter to Sydney, Australia, from 01.05.2026. 2. The petitioner in C.R.P. No.805 of 2026, Sivasubramanian, has filed this petition seeking to set aside the order dated 15.10.2024 passed in I.A. No.4 of 2024 in G.O.P. No.78 of 2023 on the file of the II Additional District Judge, Salem. 3. Both learned counsel appeared before this Court. The husband, Sivasubramanian, appeared through video conference, and his parents appeared in person. The wife, Lalithambigai, also appeared in person along with her father. 4. Upon considering the submissions made on either side, this Court is inclined to dispose of the Civil Revision Petitions with the following directions: 5. The learned counsel for the husband shall ensure that the passport of the minor child, Aiswarya, is handed over to the wife within one week to enable her to apply for a visa and travel to Australia. After obtaining the visa, the wife shall retain custody of the passport of the minor child during her stay in Australia. Upon returning from Australia, she shall hand over the passport to the custody of the father, Sivasubramanian, within one week from the date of return. https://www.mhc.tn.gov.in/judis CRP No. 1767 of 2026 6. Since the passport is required by the father for renewal of the passport and visa in the month of September, the same shall be returned to him as directed above. 7. During the quarterly holidays, the father and paternal grandparents shall be entitled to have visitation with the child for three days; during the half- yearly holidays, for seven days; and during the annual holidays, for twenty days. Further they shall be entitled to visitation on the fourth Sunday of every month between 9.30 a.m. and 6.00 p.m. During those visitation period, the daughter be with her father / paternal grand parents. 8. The father is directed to pay the school fees of the minor child, who is presently studying in the 9th Standard. If any school fees have already been paid by the mother, Lalithambigai, she shall produce the relevant receipts before the father. Upon production of such receipts, the father shall reimburse the amount paid by her. 9. The memo filed by Lalithambigai is recorded. 10. In view of the above directions, both the Civil Revision Petitions https://www.mhc.tn.gov.in/judis CRP No. 1767 of 2026 stand disposed of. Consequently, the connected miscellaneous petition is closed. No costs. 11. Today, the parents of Sivasubramanian handed over the passport of the minor child to Lalithambigai in open Court, and the same was received by her. 22-06-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No rri CRP No. 1767 of 2026 To 1.K.S.S.Sivasubramanian S/O. R.V.S.Selvaraj, Rep. by his Father/ Power of Attorney, R.V.S.Selvaraj, No.15-5, south Colony, Kumarapalayam, Namakkal District - 638183, Also at APT BLK 172-B, Edgedale Plains, No.12-480, Singapore - 822172. 2.R.V.S.Selvaraj S/o. Sundarrajan, No.15-5, South Colony, Kumarapalayam, Namakkal District - 638 183. https://www.mhc.tn.gov.in/judis CRP No. 1767 of 2026 3.S.Sornalatha W/o. R.V.S.Selvaraj, No.15-5, South Colony, Kumarapalayam, Namakkal District - 638 183. CRP No. 805 of 2026 To 1.H.Lalithambigai, W/o.Sivasubramanian, D/o.Hariharan, Door No.1/119, Vembadithalam -637 504, Salem Taluk and District. CMP No. 8037 of 2026 To 1.K.S.S.Sivasubramanian S/O. R.V.S.Selvaraj, Rep. by his Father/ Power of Attorney, R.V.S.Selvaraj, No.15-5, south Colony, Kumarapalayam, Namakkal District - 638183, Also at APT BLK 172-B, Edgedale Plains, No.12-480, Singapore - 822172. 2.R.V.S.Selvaraj S/o. Sundarrajan, No.15-5, South Colony, Kumarapalayam, Namakkal District - 638 183. 3.S.Sornalatha W/o. R.V.S.Selvaraj, No.15-5, South Colony, Kumarapalayam, Namakkal District - 638 183. https://www.mhc.tn.gov.in/judis CRP No. 1767 of 2026 T.V.THAMILSELVI J. rri CRP No. 1767 of 2026 AND CRP N0. 805 OF 2026,CMP NO. 8037 OF 2026 22-06-2026 https://www.mhc.tn.gov.in/judis