Ganesh K.P.R.S v. Gayathri

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-07-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE OP No. 673 of 2025 AND OP NO. 279 OF 2026 Ganesh K.P.R.S S/o.Sukumaran, No.1/156, Malar Garden, Sardar Patel Road, Chemmanchery, Kancheepuram - 600 119. ..Petitioner(s) Vs Gayathri W/o.Mr.Ganesh, A4, 2/21, Ashwini Apartments, 1st Street, Zakaria Colony, Choolaimedu, Chennai - 600 097. ..Respondent(s) OP No. 279 of 2026 Gayathri D/o. Suryakanthan, A4, 2/21, Ashwini Apartments, 1st Street, Zakaria Colony, Choolaimedu, Chennai 600 097. ..Petitioner(s) Vs Ganesh 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 Page2 of 6 O.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 years

ii) 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 2025 M/s.S.P.Arthi, in OP.NO.279 of 2026 For Respondent(s): M/s.S.P.Arthi, in OP.NO.673 of 2025 M/s. K.Sumathi,in OP.NO.279 of 2026 COMMON ORDER These 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 Page3 of 6 2026 has been filed by the mother seeking custody of the two minor daughters.

¶2Since 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.

¶3The learned counsel appearing for both parties, as well as the parties themselves, are present before this Court.

¶4The 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.

¶5The parties have also filed a petition for dissolution of marriage by mutual consent before the learned II Additional Family Court, Chennai, in O.P. Page4 of 6 No. 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.

¶6As 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. 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.

¶7In view of the settlement arrived at between the parties and in terms of Page5 of 6 Clauses 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. 28-07-2026 Index: Yes/No Speaking/Non-speaking order JRS Page6 of 6 DR.A.D.MARIA CLETE J. JRS OP No. 673 of 2025 AND OP NO. 279 OF 2026 28-07-2026