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Madras High CourtOP/525/2021disposed of in memo of compromise

B.Kamala v. Meera Badri

2021-11-26Honourable Mr Justice Abdul Quddhose7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 26TH DAY OF NOVEMBER 2021 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE O.P. No.525 of 2021 In the matter of Guardian and Wards act and In the matter of Custody of Minor R.Shrivatsan Born on (20.08.2004) M/s. B.Kamala, Plot No.9, Gurugokulam Flats, Lakshmi Nagar 4th Stage, 6th Cross Street, Nanganallur, Chennai-600 061 . . . Petitioner

Versus

M/s. Meera Badri, RBI Officers Quarters, Cunning Crescent Road, Bengaluru-560 052 . . . Respondent O.P. No.525 of 2021 a) Original Petition praying that this Hon'ble Court be pleased to that the petitioner i.e. Mrs.B.Kamala, (i.e) Paternal grandmother of the said minor herein may be appointed or declared to be the guardian of the above named Minor Child Master R.Shrivatsan.

b)For all the reasons stated above it is therefore most humbly

prayed to permit the petitioner herein to receive the PF and Gratuity on behalf of the minor and deposit the same in the name of minor c)For all the reasons stated above it is therefore most humbly prayed to permit the petitioner to receive the rent on behalf of the minor and expend the same towards the various loans obtained by the parents of the minor.

This Original Petition coming on this day before this court for hearing in the presence of Mr.Rohini Ravikumar, Advocate for the petitioner herein and M/s. Krishna Associates, Advocates for the respondent herein and upon reading the petition filed herein and the memorandum of compromise signed by the petitioner and the respondent with their respective advocates and the said advocates for the parties hereto praying this court to pass an order in terms of memorandum of compromise morefully setout in the schedule hereunder, it is ordered and as follows:- That the respondent herein does not have any objection to the petitioner being appointed as guardian for her Minor Grand Son namely Master.R.Shrivatsan residing at No. 7, Plot No. 9, Gurugokulam Flats, Lakshmi Nagar, 4th Stage, 6th Cross street, Nanganallur, Chennai - 600 061.

2) That the petitioner herein however shal have no power to deal with the (i) House in Nanganallur & (2) House in Oragadam which are belonging to the Minor.

3) That the peitioner herein shall be entitled to apply to the PF department and get the provident fund in PF number: UTI1309 belonging to late Mrs. Ranjani Ranganathan released. Similarly the gratuity amount also shall be released and further the petitioner shall also be entitled to withdraw the amount in Rajani Ranganathan LIC Policy No. 705792051 and Exide life Insurance Policy No. 03155523.

4) That the petitioner herein shall also be entitled to close the mutual funds and collect the same on behalf of the minor. Out of the said amounts, the petitioner shall be entitled to pay and satisfy the jewel loans in A/c. Nos. 502112025839593, 502112025841386, 502112025844433 in City Union Bank, Nanganallur Branch. The Jewels released belong to the petitioner.

5) That the Balance amount shall be deposited in Post Office or any nationalized bank. The interest earned thereof, shall be deposited in the account of the petitioner till the minor turns major in August 2022. The said interest amount shall be used by the petitioner for the welfare of the minor.

6) That Mrs. Kamala, the petitioner herein, be and is hereby appointed as the guardian for the minor Grand son namely Master R.Shrivatsan, residing at No. 7, Plot No. 9, Gurugokulam Flats, Lakshmi Nagar, 4th Stage, 6th cross Street, Nanganallur, Chennai 600 061.

7) That there shall be no costs.

SCHEDULE Memo of Compromise

NS 31.12.2021 O.P. No.525 of 2021

ORDER

DATED 26/11/2021 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE FOR APPROVAL: 18/02/2022 APPROVED ON: 21/02/2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.11.2021

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE Original Petition No.525 of 2021 B. Kamala

...Petitioner

Versus

M/s Meera Badri ... Respondent Petition filed under Sections 3,7 to 10 and 29 of Guardians and Wards Act, 1890 read with Order XXI Rules 2 and 3 of the Original Side Rules read with Clause 17 of Letters Patent.

For Petitioner : Mr.Rohini Ravikumar For Respondent : M/s Krishna Associates

ORDER

A Memorandum of Compromise has been entered into between the parties. The Memorandum of Compromise dated 13.11.2021, signed by both the parties along with their respective counsels, has been placed before this Court today.

2. In terms of the Memorandum of Compromise, this Original Petition is disposed of. The Memorandum of Compromise shall form part of this Order. No costs.

Sd/- A.Q.J.

26/11/2021 //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.