Arun Dayakar vs Athiya Banu Arun on 13 February, 2023

Arun Dayakar vs Athiya Banu


The case of Arun Dayakar vs Athiya Banu Arun revolves around a petition filed under Sections 3, 7 to 10 of the Guardian and Wards Act, 1890, seeking the appointment of the petitioner as the guardian of the minor child, Aria. This petition, marked as O.P.No.258 of 2022, was brought before the High Court of Judicature at Madras and presided over by the Honourable Mr. Justice Senthilkumar Ramamoorthy.


The petitioner, Arun Dayakar, filed the petition seeking guardianship of the minor child. After negotiations, a child visitation agreement was drawn up on 11th February 2023, signed by both parties involved, namely the petitioner (father) and the respondent (mother). This agreement detailed various aspects of custody, visitation rights, parental cooperation, financial maintenance, and periodic review.

Key Arguments:

The main contention of the petitioner was to secure guardianship of the minor child, Aria, citing provisions under the Guardian and Wards Act, 1890. The petitioner sought to establish his suitability as the guardian and argued for the necessity of the court’s intervention in formalizing the custody arrangement.

Court’s Observations:

Upon examination of the terms of compromise presented in the child visitation agreement, the court found no hindrance to the disposal of the petition. The agreement, signed by both parties, delineated clear provisions regarding custody, visitation, parental responsibilities, and financial support. The court noted the comprehensive nature of the agreement and its adherence to the best interests of the minor child.

Court’s Decision:

In light of the satisfactory terms outlined in the child visitation agreement dated 11th February 2023, the court disposed of O.P.No.258 of 2022 accordingly. The agreement, being mutually accepted by both parties, was deemed sufficient for formalizing the custody arrangement and ensuring the welfare of the minor child, Aria. Consequently, the associated application, A.No.3150 of 2022, was closed.


The case of Arun Dayakar vs Athiya Banu Arun highlights the efficacy of negotiated settlements in family law disputes concerning child custody. Through the formulation of a comprehensive child visitation agreement, the parties involved demonstrated their commitment to fostering a cooperative co-parenting relationship and prioritizing the best interests of the minor child. The court’s decision to uphold the agreement underscores the importance of amicable resolutions in safeguarding the welfare and stability of children amidst familial conflicts.


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