Madras High Court Grants Child's Custody To Mother After Noting Father's Matrimonial Ad Saying He Doesn't Have Kids
The Madras High Court recently gave full custody of a minor girl to the mother working in Canada, after taking note of the father's matrimonial ad, where he had mentioned himself as a divorcee with no kids. Justice PB Balaji remarked that the advertisement clearly shows that the father had disowned his minor child and was in no way competent to be a guardian or act in the best interest...
The Madras High Court recently gave full custody of a minor girl to the mother working in Canada, after taking note of the father's matrimonial ad, where he had mentioned himself as a divorcee with no kids.
Justice PB Balaji remarked that the advertisement clearly shows that the father had disowned his minor child and was in no way competent to be a guardian or act in the best interest of the child.
“It is also brought to my notice by Ex.P.13 that the respondent/father has advertised in Tamil Matrimony.com on 25.10.2025 stating that he is a divorcee and he has no children, which clearly confirms the fact the respondent/father has disowned his own minor child and having projected himself to be a divorcee with no children, I do not see the respondent/father to be in any way competent to be a guardian or act in the best interest of the minor child,” the court said.
The court was hearing a petition filed by the mother seeking to appoint her as the sole guardian of the child and to grant permanent custody pf the child. The mother had also sought permission to take the child outside the jurisdiction of the court.
The court noted that the mother had initiated proceedings against the father under the Domestic Violence Act in 2019. Meanwhile, the father had filed a plea for restitution of conjugal rights. The mother filed a divorce petition alleging cruelty. Despite filing a plea for restitution of conjugal rights, the father later filed a plea for divorce.
Meanwhile, when the husband moved a plea to quash the criminal proceedings initiated against him under Section 498A of the IPC, the court noted that since both the parties wanted divorce, the issue could be given a quietus. The court had thus directed the parties to file separate affidavits consenting for dissolution of marriage and ultimately a decree of divorce was granted in 2024.
Meanwhile, in 2022, the mother was transferred and posted to Canada and had left the minor child un the custody of her parents. Even after divorce, the child continued to be in the care and custody of the maternal grandparents.
The mother submitted that she has been granted permanent residency in Canada and was financially well stable and well equipped to take care of the best interest of the minor child. The mother also pointed out that despite having visitation rights, the father had not shown any interest to see the child, except in a couple of instances.
Considering the facts, the court was inclined to allow the mother's plea and granted her permanent custody of the minor child. The court also permitted the mother to take the child to Canada, where the mother was employed and permanently residing.
Counsel for Petitioner: Mr.P.Amarnath