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Madras High CourtCMA/2185/2013disposed of

Revathi@Loganayagiw/O A.Suresh v. Suresh

2021-03-23Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM C.M.A.No.2185 of 2013 M.P.No.1 of 2013 Revathi @ Loganayagi ..Appellant/Petitioner vs.

Suresh .. Respondent/Appellant PRAYER : Civil Miscellaneous Appeal filed under Section 47 of the Guardian and Wards Act, 1890, r/w Section 8 of the Hindu Minority & Guardianship Act, 1956 against the judgment and Decree dated 19.03.2013 made in G.W.O.P.No.11 of 2011 on the file of the Principal District Court, Erode.

For Appellants : Mr.N.Manokar For Respondent : Mr.V.P.Sengottuvel

JUDGMENT

The judgment and Decree dated 19.03.2013 made in G.W.O.P.No.11 of 2011 is under challenge in the present Civil Miscellaneous Appeal.

2. The appellant is the mother of the child and the respondent is the father. On account of matrimonial disputes between the appellant and the respondent, the child continued to be with the custody of the appellant/mother. The trial Court granted visitation rights to the respondent/father. Thereafter, the appeal is filed challenging the visitation rights as well as the rejection of the claim of the appellant to appoint her as guardian.

3.

The learned counsel appearing for the appellant as well as the respondent jointly made a submission that the minor child is now aged about more than 17 years and 9 months and will attain the age of majority within a period of three months.

4. In view of the fact that the minor child is grown up and capable of deciding what is good and bad at this point of time and she is going to attain the age of majority within a period of three months, no adjudication needs to be undertaken in respect of the disputed issues between the father and the mother. Till the minor attains the age of majority, both the https://hcservices.ecourts.gov.in/hcservices/

appellant and the respondent are directed to maintain status quo and after attaining the age of majority, the daughter of the appellant and the respondent will take her decision independently as per her wish.

5. With these directions, the Civil Miscellaneous Appeal stands disposed of. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To The Principal District Judge, Erode.

Copy to : The Section Officer, V.R.Section, High Court of Madras, Chennai.

+1cc to Mr.N.Manokaran, Advocate Sr.No.19031 AKM/29.04.21 /2P-4C/ C.M.A.No.2185 of 2013 23.03.2021 https://hcservices.ecourts.gov.in/hcservices/