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Madras High CourtOA/615/2021allowed

T.Kishan Kumar v. Vidya Kishan

2021-11-10Honourable Mr Justice Abdul Quddhose3 pages

ABDUL QUDDHOSE, J.

O.P.No.721 of 2019 has been filed by the petitioner (father) seeking guardianship of his minor son, K.Kshaunish.

2. O.A.No.615 of 2021 has been filed in O.P.No.721 of 2019 seeking for an interim injunction restraining the respondent from removing the child, K.Kshaunish, from the jurisdiction of this Court and relocating him to Bangalore or any other place pending disposal of the main O.P.

3. Notice was ordered earlier by this Court and an affidavit of service was also filed by the learned counsel for the applicant, which was recorded before this Court on 05.10.2021. By order dated 05.10.2021, after recording the fact that the affidavit of service has been filed and after recording the fact that the respondent has refused to receive the notice, this Court has granted an order of interim injunction as prayed for in O.A.No.615 of 2021. 4.

In the earlier order dated 05.10.2021, this Court has also recorded the submissions made by the learned counsel for the respondent, who has stated Page 1/3

that after filing the vakalat on behalf of the respondent, the respondent has taken away the bundle from him. Even today, there is no representation on the side of the respondent.

5.

The order of injunction granted earlier by this Court on 05.10.2021 is still in force. Since there is no representation on the side of the respondent and this Court being satisfied with the reasons contained in the affidavit filed in support of O.A.No.615 of 2021, this Court is inclined to make the injunction absolute in favour of the applicant/petitioner. 6.

Accordingly, the injunction granted earlier by this Court on 05.10.2021 in O.A.No.615 of 2021 is made absolute and O.A.No.615 of 2021 is allowed as prayed for.

7.

Post the main original petition for hearing on 24.11.2021. 10.11.2021 srn Page 2/3

ABDUL QUDDHOSE, J.

srn 10.11.2021 Page 3/3