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Madras High CourtOP/772/2008disposed of

P.Dhanasekar v. Mr.Rathinasamy

2022-02-02Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 02ND DAY OF FEBRUARY 2022 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE O.P. No.772 of 2008 In the matter of Indian Guardians and Wards act 1890 And In the matter of minor child Master D.Vigneshwaran born on 31.07.2005 and aged about 3 years who has been ordinarily residing at Chennai.

S.Dhanasekar, No:228, First Floor, First Avenue, Tamilnadu Housing Board Colony, Velachery, Chennai - 42.

... Petitioner

Versus

1.Mr.Rathinasamy, S/o Mr.Nalluthevar 2.Mrs.Kanaga Rathinasamy, W/o Mr.Rathinasamy, Both residing at No 107/145 D-II E.B.OPP Madurai Mandabam Road, Kattuparamakudi, Paramakudi, Ramanathapuram District.

... Respondents

Original Petition praying that this Hon'ble Court be pleased to Pass an order restoring the custody of the minor son Vigneswaran aged about 3 years who has been illegally removed by the respondents since 21.8.2008 to the custody of the petitioner by directing return of custody of the minor child to the petitioner.

This Original Petition coming on this day before this court for hearing in the presence of Mr.Adinarayana Rao, Advocate for the Petitioner herein, and Mr.V.Sridhar for Mr.K.S.Narayanan, Advocates for the respondents herein, and upon reading the order herein dated 14.12.2011, t he Court made the following order:- Learned counsel for the petitioner, on instructions, would submit that the petitioner is satisfied with the direction for visitation rights granted by this Court on 14.12.2011, wherein, the petitioner was permitted to visit the child twice a month in the school on any working day between 4.00 p.m and 5.00 p.m after informing the Headmaster/Headmistress and submits that the petition itself can be disposed of in terms of the aforementioned interim arrangement.

2. The said statement made by the learned counsel for the petitioner is agreeable to the respondents, on instructions.

3. Accordingly, in terms of the earlier direction given by this

Court on 14.12.2011 referred to supra, this original petition is disposed of. WITNESS THE HON'BLE MR.JUSTICE MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 02nd DAY OF FEBRUARY 2022. Sd/- ASSISTANT REGISTRAR (O.S.II) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

MU 17.02.2022 O.P. No.772 of 2008 ORDER:

DATED : 02.02.2022 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE FOR APPROVAL: 18.02.2022 APPROVED ON: 18.02.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE O.P. No.772 of 2008 S.Dhana sekar ... Petitioner

Versus

1. Rathinasamy 2.Mrs.Kanaga Rathinasamy ... Respondents Petition filed under Section 25 of the Guardians and Wards Act 1890 of the amended letters Patent of the High Court of Judicature read with order xxi Rule 2 & 3 of Original side Rules. For Petitioner : Mr.Adinarayana Rao For Respondents : Mr.V.Sridhar for Mr.K.S.Narayanan

ORDER

Learned counsel for the petitioner, on instructions, would submit that the petitioner is satisfied with the direction for visitation rights granted by this Court on 14.12.2011, wherein, the petitioner was permitted to visit the child twice a month in the school on any working day between 4.00 p.m and 5.00 p.m after informing the Headmaster/Headmistress and submits that the petition itself can be disposed of in terms of the aforementioned interim

arrangement.

2. The said statement made by the learned counsel for the petitioner is agreeable to the respondents, on instructions.

3. Accordingly, in terms of the earlier direction given by this Court on 14.12.2011 referred to supra, this original petition is disposed of. Sd./-A.Q.J.

02.02.2022 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.