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Madras High CourtA/3342/2019dismissed as infructuous

Sayeed Salman(Alias) Suresh v. Haseena Syed And Another

2019-06-11Honourable Mr Justice R. Subramanian4 pages

A.No.3342 of 2019 in O.P.No.302 of 2017 R.SUBRAMANIAN,J.

This application has been filed seeking to restrain the mother who is having custody of the child from removing the minor child from My School Global functioning at No.3/621, Baaz Avenue, East Cost Road, Palavakkam, Chennai - 600 041 to any other School without the prior approval of this Court and from taking any decision touching upon the minor child without recourse to the petitioner.

2. Upon notice the School Authority viz., the Principal of My School Global functioning at No.3/621, Baaz Avenue, East Cost Road, Palavakkam, Chennai - 600 041 has filed the students strength in each class, which is extracted hereunder:

S.NO.

CLASS NUMBER OF STUDENTS Nursery K.G.1 K.G.2 Grade 1 Grade 2 Grade 3 Total

3. It is the case of the mother that she has been transferred to State Bank of India, Uttandi Branch from Neelangarai Branch and she wanted to shift the child to the Primrose Schools functioning at No.1/367, East Coast Road, Injambakkam, Chennai - 600 115, which is nearer to her work spot. It is also stated that she has paid a fees of Rs.70,700/-. According to her, this application has been taken only to harass her.

4. Considering the students strength of My School functioning at No.3/621, Baaz Avenue, East Cost Road, Palavakkam, Chennai - 600 041, I am of the considered opinion that the interest of the minor child will not suffer if she is shifted to another school which is located near the work spot of the mother. Hence, I see no merits in this application and this application is dismissed.

5. By an order dated 27.06.2018, an arrangement was made to enable the father to take the child from the School on Fridays at 4.00 p.m and to leave the child in the School on Mondays at 9.00 p.m and the same was altered permitting the father to take the child on Fridays at 7.00 p.m and hand over the child back to the mother on Sundays at 3.00 p.m and it is stated that this arrangement is working.

6. The said arrangement shall continue till the disposal of the Original Petition.

7. The father is permitted to address the Principal of the new School viz., Primrose Schools functioning at No.1/367, East Coast Road, Injambakkam, Chennai - 600 115 regarding the visitation rights granted to him and the School on such request will furnish the information relating to the minor child and the parent teachers meeting etc., to the father also.

8. It is stated that the Original Petition is in part heard stage. The Registry is directed to post the main Original Petition before the learned Master on 19.06.2019 for continuation of evidence. 11.06.2019 dsa Note: Issue a copy of the order by 17.06.2019. R.SUBRAMANIAN,J.

dsa A.No.3342 of 2019 in O.P.No.302 of 2017 11.06.2019