Ganesh K.P.R.SS/o.Sukumaran v. GayathriW/o.Mr.Ganesh
Case at a glance
Outcome
Disposed of
2026, both the Original Petitions are disposed of by recording the said compromise
Provisions considered
- Guardian and Wards Act, 1890 ss. 3, 7, 10, 25
- Letters Patent Act, 1865
Judgment
OP Nos. 673/2025 & 279/2026__________Page1 of 6IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 28-07-2026CORAMTHE HON'BLE DR.JUSTICE A.D.MARIA CLETEOP No. 673 of 2025ANDOP NO. 279 OF 2026 Ganesh K.P.R.SS/o.Sukumaran, No.1/156, Malar Garden, Sardar Patel Road, Chemmanchery, Kancheepuram - 600 119...Petitioner(s)VsGayathriW/o.Mr.Ganesh,A4, 2/21, Ashwini Apartments,1st Street, Zakaria Colony, Choolaimedu, Chennai - 600 097...Respondent(s)OP No. 279 of 2026 GayathriD/o. Suryakanthan,A4, 2/21, Ashwini Apartments,1st Street, Zakaria Colony, Choolaimedu, Chennai 600 097...Petitioner(s)VsGanesh K.P.R.S.S/o. K.P.R.Sukumaran, No.1/156, Malar garden, Sardar Patel Road, Chemmanchery, Chennai 600 119...Respondent(s)Prayer in OP No. 673 of 2025: Petition filed under Sections 3,7,10 and 25 of the Guardian and Wards Act, 1890 read with Order XXI Rules 2 and 3 of the https://www.mhc.tn.gov.in/judis OP Nos. 673/2025 & 279/2026__________Page2 of 6O.S.Rules and Clause 17 of the Letters Patent Act, 1865, praying i) That the petitioner herein may be appointed as the guardian of the person of the minor children Elankumaran, born on 18.12.2011, now aged 14 years and Elamaran, born on 04.02.2017, now aged 8 yearsii) To grant permanent custody of the minor children Elankumaran, born on 18.12.2011, now aged 14 years and Elamaran, born on 04.02.2017, now aged 8 years, to the petitioner herein.
Prayer in OP No. 279 of 2026: Petition filed under Sections 3,7,10 and 25 of the Guardian and Wards Act, 1890 read with Order XXI Rules 2 and 3 of the O.S.Rules, praying 1) That the petitioner herein may be appointed as the Guardian of the person of the minor girl child, Elamathi, born on 16.09.2013 now aged 13 years. 2) to grant permanent custody of the minor girl child, Elamathi, born on 16.09.2013, now aged 13 years, to the petitioner herein. For Petitioner(s):M/s..K.Sumathi, in OP.NO.673 of 2025M/s.S.P.Arthi, in OP.NO.279 of 2026 For Respondent(s):M/s.S.P.Arthi, in OP.NO.673 of 2025M/s. K.Sumathi, in OP.NO.279 of 2026COMMON ORDERThese Original Petitions arise out of a matrimonial dispute between the parties concerning the custody of their minor children. O.P. No. 673 of 2025 has been filed by the father seeking custody of the minor son, while O.P. No. 279 of https://www.mhc.tn.gov.in/judis OP Nos.
673/2025 & 279/2026__________Page3 of 62026 has been filed by the mother seeking custody of the two minor daughters.2. Since both petitions involve the same parties and relate to the issue of custody of their minor children, they were heard together. As the issues involved are interconnected and arise out of the same set of facts, they are disposed of by this common order.3. The learned counsel appearing for both parties, as well as the parties themselves, are present before this Court.4. The petitioner in O.P. No. 673 of 2025, Ganesh, is the father and the respondent, Gayathri, is the mother. In O.P. No. 279 of 2026, the petitioner is Gayathri, the mother, and the respondent is Ganesh, the father of the minor children. The marriage between the parties was solemnized on 06.03.2011. Out of the said wedlock, three children were born, namely: (i) Master Elankumaran, born on 18.12.2011; (ii) Miss Elamathi, born on 16.09.2013; and (iii) Master Elamaran, born on 04.02.2017.5.
The parties have also filed a petition for dissolution of marriage by mutual consent before the learned II Additional Family Court, Chennai, in O.P. https://www.mhc.tn.gov.in/judis OP Nos. 673/2025 & 279/2026__________Page4 of 6No. 2417 of 2021. During the pendency of these proceedings, the parties amicably resolved their disputes and entered into Joint Memos of Compromise dated 28.07.2026. Pursuant thereto, consent affidavits duly signed by both parties and their respective counsel have been filed in O.P. No. 673 of 2025 and O.P. No. 279 of 2026. The parties submitted before this Court that they have voluntarily entered into the settlement and executed the Joint Memos of Compromise of their own free will, without any coercion, undue influence, or misrepresentation.6. As per Clauses 3(a), 3(b), 3(c), 3(d), 3(e), and 3(f) of the Joint Memos of Compromise dated 28.07.2026:(a) The petitioner in O.P. No.
Operative part
673 of 2025/father has agreed to permit the respondent/mother to act as the guardian of the minor daughter, Miss Elamathi, born on 16.09.2013, and to take all decisions relating to her welfare, education, upbringing, and overall development. (b) The petitioner in O.P. No. 279 of 2026/mother has agreed to permit the respondent/father to act as the guardian of the minor sons, Master Elankumaran, born on 18.12.2011, and Master Elamaran, born on 04.02.2017, and to take all decisions relating to their welfare, education, upbringing, and overall development.7. In view of the settlement arrived at between the parties and in terms of https://www.mhc.tn.gov.in/judis OP Nos. 673/2025 & 279/2026__________Page5 of 6Clauses 3(a), 3(b), 3(c), 3(d), 3(e), and 3(f) of the Joint Memos of Compromise dated 28.07.2026, both the Original Petitions are disposed of by recording the said compromise. The aforesaid clauses of the Joint Memos of Compromise shall form part and parcel of this order.
There shall be no order as to costs. Consequently, all connected applications, if any, shall stand closed.28-07-2026Index: Yes/NoSpeaking/Non-speaking orderNeutral Citation: Yes/NoJRS https://www.mhc.tn.gov.in/judis OP Nos. 673/2025 & 279/2026__________Page6 of 6DR.A.D.MARIA CLETE J.JRSOP No. 673 of 2025ANDOP NO. 279 OF 202628-07-2026
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: 2026, both the Original Petitions are disposed of by recording the said compromise
Which statutory provisions did this judgment involve?
Guardian and Wards Act, 1890 — ss. 3, 7, 10, 25; Letters Patent Act, 1865.
Which court decided this case, and when?
Madras High Court, on 28 Jul 2026. The bench was A D MARIA.
Precedent status how later indexed judgments have treated this case
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