Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-04-2026
CORAM
THE HON'BLE DR.JUSTICE A.D.MARIA CLETE Nithyavendhan K S/o.P.Karunanidhi, Flat No.F-2, Swanags Srinivas Apartments, Play-ground View Street, Nandanam Extension, Cennai - 600 035. ..Applicant(s) Vs Mithula S W/o.Nithyavendhan K, Poiyerikarai, Bodhupatty Road, Namakkal - 637 001. ..Respondent(s) To grant temporary custody of the minor child Mahiz Isai Nithyavendhan to the Applicant, Nithyavendhan K, for the period 01/05/2026 to 30/05/2026, being summer vacation period. For Applicant(s): M/s. K.Sathish For Respondent(s): Mr.D.Saravana Kumar
ORDER
This application has been filed to grant temporary custody of the minor child Mahiz Isai Nithyavendhan to the Applicant, Nithyavendhan K, for the period
2. Both the learned counsels for the petitioner and the respondent submit that
the parties have filed a Joint Memo, dated 29.04.2026 duly signed by both the parties and their respective counsels and the same is extracted as below:- “ The Applicant/Petitioner and the respondent/respondent jointly submit the following:
1. The parties humbly submit that upon deliberations they have
arrived at the following mutually agreed arrangement for the month of May 2026, purely as a temporary and special arrangement for the summer vacation period, without prejudice to their rights, contentions, and reliefs raised/made in O.P.No.403 of 2025, G.W.O.P.No.77 of 2025, O.S.A.Sr.No.191820 of 2025, and OSA.No.360 of 2025. The parties further agree that nothing contained herein shall be construed as an admission, concession or waiver by either party in respect of any issue arising in the said proceedings.
2. The parties mutually agree that the Applicant/Petitioner shall
have custody of their minor child Mahizh Isai Nithyavendhan from 02.05.2026 to 12.05.2026. The parties further agree that the exchange of custody of the minor child shall take place at Anjaneyar Temple,
Hanumar Koil Street, Palaniyappa Colony, Thillaipuram, Namakkal - 637 001. The minor child shall be handed over to the Applicant/Petitioner by the Respondent/Respondent at 6:00 p.m. on 01.05.2026, and the minor shall child shall be handed back to the respondent/respondent by the applicant/petitioner at the same venue at 10:00 a.m. on 13.05.2026.
3. The applicant/petitioner agrees to allow the minor child Mahizh
Isai Nithyavendhan to speak with her mother i.e., the respondent/respondent over phone call as well as video call. In light of the above facts and circumstances, it is most respectfully prayed that this Hon’ble Court may be pleased to pass an
order in the present application in terms of this Joint Memo and pass
such further or other order or orders as this Hon’ble Court deems fit and proper in the facts and circumstances of the case, and thereby render justice”.
3. In view of the above, this application is ordered accordingly in terms of Joint Memo dated 29.04.2026. The Joint Memo dated 29.04.2026 shall form part of the order. Index: Yes/No dpq
DR.A.D.MARIA CLETE, J.
DPQ