Madras High Court grants sole custody to mother after father claims no kids in matrimonial profile

CHENNAI: The Madras High Court has held that a father who projected himself as a divorcee with no children in a matrimonial advertisement was not competent to act in the best interest of his minor daughter and granted her permanent custody to her mother.

The mother approached the Madras High Court seeking to be appointed as the sole guardian of her minor daughter, born in 2018, and to obtain permanent custody of the child, along with permission to take her outside the jurisdiction of the court.

The parents separated in 2024. The mother, employed as a Senior Specialist in Canada, submitted that the minor was currently under the care and custody of her maternal grandparents. She stated that she had been granted permanent residency in Canada in 2024 and was financially stable and well equipped to take care of the child's welfare.

She further submitted that despite being granted visitation rights in 2024, the father had shown no interest in meeting the child, except on a couple of occasions immediately after the order was passed. He had made no subsequent attempts to visit the minor or build a bond with her, she submitted.

After hearing the matter, Justice PB Balaji noted that the father had advertised himself on TamilMatrimony.com in 2025 as a divorcee with no children, which clearly showed that he had disowned his own child and observed that he was in no way competent to be a guardian or act in the best interest of the minor.

The court, accordingly, allowed the petition, appointed the mother as the permanent guardian of the minor girl and granted her permanent custody. It also permitted the mother to take the child to Canada, where she presently resides.