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Judgment
15 paragraphs · 464 wordsDr.A.D.Maria Clete, J
The present applications have been filed praying to pass an order granting interim custody of minor M.Sanvika aged two years and two months to her father, the petitioner herein on every weekend and also to permit the applicant to take the interim custody of his minor daughter M.Sanvikaga from the 2nd and 3rd respondents.
After a brief hearing and having regard to the welfare of the minor child(ren), and pending consideration of the larger issues in the Original Petition, this Court considers it appropriate to refer the matter for a combined mediator-counsellor session to explore an amicable parenting arrangement and obtain child-focused assistance on interim parenting issues.
Accordingly, the matter is referred to the Mediation Centre.
The referral shall be subject to the following conditions:
a. As chosen by the learned counsels for both parties, the parties shall appear, in the first instance, before the mediators namely Ms.Aruna Ganesh and Ms.S.Thenmozhi and counsellor namely Ms.Neha Murali, child Counsellor, on 11.06.2026 at the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, and thereafter on such further date(s) and time(s) as may be fixed by them. Mediators shall consider meeting of the child either on 13.06.2026 or 20.06.2026.
b. The mediator and counsellor may hold joint sessions with the parties, but their functions ofcourse remaining distinct. The mediator shall facilitate consensual settlement while the counsellor shall assist in evolving a child-focused parenting arrangement in the welfare interest of the minor child(ren).
c. Needless to observe that all mediation communications shall remain confidential. No statement, offer, concession, admission, or discussion made in mediation shall be disclosed to this Court.
d. The counsellor may submit a limited parenting proposal/note to this Court to assist in working out an interim parenting arrangement. Such note shall be confined to child welfare, practical parenting arrangements, and the needs of the minor child(ren), and shall not disclose any mediation communication, settlement offer, concession, admission, or reasons for failure of settlement.
e. Both the parties shall bear the fee cost of the Counsellor in equal proportion in adhereance to fee structure fixed for the Mediator at the Mediation Centre, High Court of Madras, to be paid directly to the Counsellor and the Counsellor shall forward a receipt of the same to this Court along with the report.
f. On conclusion of the process, the Mediation Centre/designated unit may place before this Court:
(i) a signed parenting plan, if consensus is reached;
(ii) the limited counsellor's parenting proposal/note as indicated above, if no consensus arrived at by the parties.
Until further orders and without prejudice to the rights and contentions of either party, the existing interim arrangement if any, earlier ordered by this Court shall operate.
Post on 24.06.2026 for report and further orders.
