S.Naveenkumar v. K.Preethi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.08.2023

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA and A.No.2628 of 2023 S.Naveenkumar ...

Petitioner Vs.

K.Preethi ... Respondent Original Petition filed under Sections 3,7,8,9,10 & 25 of the Guardians and Wards Act, 1890 and Order XXI Rule 2 of Original Side Rules to:

i) appoint and declare the petitioner as Guardian of the person of Minor Son of the petitioner, namely, Keshan Sai N born on 18.10.2018, now aged 4 years, until the Minor Son attains majority and ii) grant permanent custody of the minor son of the petitioner, to the petitioner herein.

For Petitioner : Mr.N.Ganesh For Respondent : Ms.K.Chandra

ORDER

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The petition has been filed to appoint and declare the petitioner as Guardian of minor child namely, Keshan Sai N born on 18.10.2018, until the minor child attains majority and to grant permanent custody of the minor child to the petitioner.

2. The petitioner is the father of the minor child Keshan Sai N. Since there was some matrimonial dispute between the petitioner and respondent, the father of the minor has filed this petition seeking for guardianship and permanent custody of the minor child.

3. When the matter is taken up today, the learned counsel for both sides submitted that the parties have settled their dispute among themselves by arriving at a settlement. It is further submitted that as per the compromise between the parties, it was agreed that the minor child Keshan Sai N shall be under the custody of the respondent / mother and she shall be the legal guardian of the minor child. The said fact was admitted by the learned counsel for the respondent as well. However the learned counsel for the petitioner insisted to make some arrangement for visitation rights of the child. Considering the circumstances of the case, the petitioner is given with visitation rights as per the following arrangement. 2/4

4. The petitioner can visit the minor child at the residence of the respondent on every Saturday between 10.00 a.m. and 12.00 p.m. If the child feels comfortable, he can take the child to the Sivan Park, K.K.Nagar, Chennai - 600 078 and handover the child back to the mother by 12.30 p.m.

5. In view of the understanding arrived between the parties and also in view of the visitation right granted to the petitioner, nothing remains to be considered further. And hence this Original Petition is disposed. In case the parties find any difficulty in executing the visitation rights they are at liberty to seek any modification. Connected application is closed. 04.08.2023 bkn Index :Yes/No 3/4

R.N.MANJULA, J.

bkn O.P.No. 238 of 2023 04.08.2023 4/4