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

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 the petitioner to take her minor daughter to Sydney, Australia, from 01.05.2026.

¶2The 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.

¶3Both 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.

¶4Upon considering the submissions made on either side, this Court is inclined to dispose of the Civil Revision Petitions with the following directions:

¶5The 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.

¶6Since 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.

¶7During 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.

¶8The 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.

¶9The memo filed by Lalithambigai is recorded.

¶10In view of the above directions, both the Civil Revision Petitions stand disposed of. Consequently, the connected miscellaneous petition is closed. No costs.

¶11Today, 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 rri To

1.K.S.S.Sivasubramanian

3.S.Sornalatha W/o. R.V.S.Selvaraj, No.15-5, South 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

3.S.Sornalatha W/o. R.V.S.Selvaraj, No.15-5, South CRPeNo.e1767eofe2026 T.V.THAMILSELVIoJ. rri CRPoNo.o1767oofo2026 ANDoCRPoN0.o805oOFo 2026,CMPoNO.o8037oOFo 2026 22-06-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-06-2026 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI 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 3.S.Sornalatha W/o. R.V.S.Selvaraj, No.15-5, South Respondent(s) CRP No. 805 of 2026 1. K.S.S.Sivasubramanian, S/o.R.V.S.Selvaraj, Rep. by his Father/Power of Attorney, R.V.S.Selvaraj, APT BLK 172-B, -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 3.S.Sornalatha W/o. R.V.S.Selvaraj, No.15-5, South Respondent(s) 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 For Petitioner(s): MR.K.Selvaraj For Respondent(s): Mr.C.S.Saravanan For R1 and R2