C.M.P.(MD).No.9757 of 2026 in C.M.S.A.(MD).No.18 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2026 CORAM: THE HONOURABLE MRS. JUSTICE R.KALAIMATHI C.M.P.(MD).No.9757 of 2026 in C.M.S.A.(MD).No.18 of 2024 Krishnapriya ... Petitioner / Respondent Vs. Mahesh Babu ... Respondent / Appellant PRAYER: This Civil Miscellaneous Petition is filed under Section 152 CPC to pass an order of clarification in C.M.S.A.(MD).No.18 of 2024 dated 15.11.2024, observing that the minor child, namely Divnesh, is presently in the case and custody of the petitioner/mother. For Petitioner : Mr.Aravind Subramaniam, Senior Counsel for Mr.V.Haribabu For Respondent : Mr.A.Kowsik Raghu Rajan 1/4 https://www.mhc.tn.gov.in/judis C.M.P.(MD).No.9757 of 2026 in C.M.S.A.(MD).No.18 of 2024 ORDER Heard the learned counsel for the petitioner / wife and the learned counsel for the respondent / husband. 2. Petitioner and the respondent are present before this Court. 3. The learned Senior Counsel for the petitioner / wife would submit that the petitioner / wife has got an onsite opportunity as Test Manager in C.T.S. When she applied for issuance of Visa to the United Kingdom for her and for her minor son Divnesh in June 2026, Visa application for the petitioner’s minor son has been kept on hold asking for the proof of her son who is under her custody. She has to take her minor son who is 11 years old boy Divnesh (D.O.B:11.11.2015) along with her to the United Kingdom. 4. He further submits that in C.M.S.A.(MD).No.18 of 2024, this Court disposed of the said C.M.S.A., in terms of memo of compromise dated 22.10.2024 filed by the parties, wherein, the custody of the minor son is not touched upon by the parties to the said C.M.S.A. 2/4 https://www.mhc.tn.gov.in/judis C.M.P.(MD).No.9757 of 2026 in C.M.S.A.(MD).No.18 of 2024 5. The learned counsel for the respondent / husband does not have any objection in granting custody of the minor son to the petitioner / wife. He further submitted that the respondent / husband is interested to visit his minor son. 6. It is learnt that their son is all along with the mother, of course from the date of separation of the petitioner from the respondent. On enquiry from the minor, it is inferable that the minor son is comfortable with the mother. In such circumstances, it is hereby ordered that the minor son, namely Divnesh, shall be in the care and custody of the petitioner / mother. 7. Further, it goes without saying that the father of the minor son has got visitation rights to visit his son, according to the mutual convenience of both sides, namely, petitioner, respondent and their minor son. 8. With the above, this Civil Miscellaneous Petition is ordered. 23.07.2026 Internet:Yes Speaking/Non speaking order ssn Note: Issue Order Copy on 24.07.2026 3/4 https://www.mhc.tn.gov.in/judis C.M.P.(MD).No.9757 of 2026 in C.M.S.A.(MD).No.18 of 2024 R.KALAIMATHI, J., ssn C.M.P.(MD).No.9757 of 2026 in C.M.S.A.(MD).No.18 of 2024 23.07.2026 4/4 https://www.mhc.tn.gov.in/judis