Repeated emails, calls won't solve child custody rows: Madras High Court

CHENNAI: The Madras High Court clarified that criminal proceedings cannot be initiated against a husband merely because a Family Court restrained him from contacting his wife through repeated emails and phone calls.

The wife had filed a petition before the IV Additional Principal Judge, Family Court, Chennai, seeking dissolution of her marriage, solemnised on August 7, 2018, on the ground of cruelty. She alleged that her husband was repeatedly harassing her through emails and phone calls and sought an injunction restraining him from contacting her in any manner.

The husband, who resides in Singapore, contended that he had initiated guardianship proceedings and that an interim order dated November 13, 2025, permitted him to meet the child on alternate Saturdays during specified hours. He alleged that the wife was not complying with the order and was preventing him from meeting the child, leaving him with no option but to contact her to arrange visits and make travel arrangements from Singapore.

Considering the volume of emails and phone calls, the Family Court held that the husband's actions amounted to harassment and allowed the wife's petition on February 23, 2026. Challenging the order, the husband filed a Civil Revision Petition before the Madras High Court.

Justice N Anand Venkatesh observed that the Family Court's order restraining both parties from contacting each other could have enabled them to lead peaceful lives. However, the husband needed to contact the wife to arrange the time and place for meeting the child in accordance with the interim order.

The High Court clarified that the husband could seek a remedy regarding his visitation rights by filing an appropriate application in the guardianship proceedings. It further made it clear that no criminal proceedings should be initiated against him solely based on the Family Court's order dated February 23, 2026, as no criminal element was involved. The court accordingly disposed of the Civil Revision Petition.