S.Sunilkanth @Vishal v. Keerthika

/ 1 /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 29TH DAY OF APRIL 2022 THE HON'BLE MR. JUSTICE P.VELMURUGAN A. No.1887 of 2022 in O.P.No.286 of 2019 In the matter of Guardians and Wards Act, 1890 and In the matter of appointment of a guardian for Minor Voiyomei.S MR.S.SUNILKANTH @ VISHAL Son of Mr.D.Somasundaram, Door No.14, Yamuna Nagar, Kolathur, Chennai-600 099.

..Applicant/Petitioner -VsMRS.KEERTHIKA Daughter of Mr.P.Durai, Wife of Mr.S.Sunilkanth Plot No.3777, Mela Annuppanadi, Housing Board Colony, Madurai-625 009.

..Respondent/Respondent Application praying that this Hon'ble Court be pleased to permit the applicant to file an Additional documents in O.P.No.286 of 2019.

/ 2 / This Application coming on this day before this court for hearing the court made the following order:

This application has been filed by the applicant/petitioner to permit him to file additional documents in the above Original Petition. The applicant is father and the respondent is mother. The original petition has been filed by the father for custody of the minor child in the year 2019. Now the applicant/father has filed this application to permit him to file additional documents related to the year 1985, 1996, 2013, 2015, 2017 and 2018. Even though the said documents were existing prior to filing of the main Original Petition, the applicant/father had not filed these documents along with the main Original Petiiton and he has not given any adequeate reasons as to why the copies of these documents were not filed along with the main Original Petition. Further the main Original Petition is only for the custody of the minor child.

Since the applicant is father and the respondent is mother, they both are natural and legal guardians and in order to get exclusive custody of the minor child, one of the parents has to establish in what way, the other parent is not fit to have the custody of the minor child.

/ 3 / to dedcide the main Original Petition, these documents are not necessary and according to this Court, this is nothing but, futile exercise. Therefore, even though the respondent has no objection, this Court is not inclined to allow this petition.

Accordingly, this application is dismissed.

Sd/.P.V.J.

29.04.2022 //Certified to be a true copy// Dated at Madras this the day of 2022. SU/11.05.2022 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.