Mr.Sujatha Vasudevan v. Mr.R.Natarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 04TH DAY OF APRIL 2018 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A.NO.2502 OF 2018 in O.P.No.262 of 2013 In the matter of Guardians and Wards Act 1890 and In the matter of Minor Varshinee Sujatha Natarajan born on 8th February 2003 Mrs.Sujatha Vasudevan, D/o.Vasudevan, No.6/3, Doraisamy Colony, Arumbakkam, Chennai 600 106 ...Applicant/Petitioner -vsMr.R.Natarajan, S/o.N.Ramanathan, 5/4, 5th Street Kasi Viswanathar Colony, West Mambalam, Chennai 600 033 ...Respondent/Respondent Application praying that this Hon'ble Court be pleased to grant leave to the Applicant to move the minor female child Varshinee Sujatha Natarajan born on 8th February 2003 from India to Overseas for her higher studies. This Application coming on this day before this Court for hearing the court made the following order:- A.No.2502 of 2018 has been filed for granting leave to move the minor female child Ms.Varshinee Sujatha Natarajan from India to Australia for further studies.

2.It is the contention of the learned counsel for the applicant that only for the purpose of higher studies, the applicant's brother Mr.Harikrishnan Vasudevan who is the citizen of Australia has offered to take care of the minor child Ms.Varshinee Sujatha Natarajan's education expenses. 3.Besides, the applicant is also accompanying the minor child Ms. Varshinee Sujatha Natarajan and hence praying for the applicant's examination before this Court and affidavit of the applicant's brother Mr.Harikrishnan Vasudevan is also filed and statutory declaration given by Mr.Harikrishnan Vasudevan with regard to liability to maintain the minor child Ms.Varshinee Sujatha Natarajan is also filed. Ex.A3, the confirmation of Enrolment dated 10.10.2017 is filed and to show the admission process Ex.A4, the Employment Agreement of the applicant's brother Mr.Harikrishnan Vasudevan is also filed.

4.The applicant was appointed as a guardian for the minor child Ms.Varshinee Sujatha Natarajan by the order of this Court in O.P.No.262 of 2013 dated 21.08.2013. The above order has been passed taking into consideration the no objection given by the husband of the applicant. They got divorce due to matrimonial dispute and the applicant's husband is also remarried.

5.Taking into consideration of all these facts and since the minor child Ms.Varshinee Sujatha Natarajan is under the custody of the applicant and the applicant at present seeking permission of this Court to take up the minor child to Australia only for the purpose of higher education for the welfare of the child, this Court is of the view that permission is required to be given. Accordingly, this application is allowed and the applicant is permitted to take the child to Australia for higher education.

Sd./-N.S.K.J 04/04/2018 //Certified to be true copy// Dated at Madras this the day of 2018. jj 10/04/2018 COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.