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Madras High CourtOP/6/2016disposed of in memo of compromise

Aakriti Rao And Akshath Rao v. Mrs.Nivedita Rao

2018-07-31Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 31st DAY OF JULY 2018 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR O.P. No.6 of 2016 and A. Nos.2142 & 2143 of 2018 In the matter of Guardians and Wards Act 1890 and In the matter of Minors 1.Aakriti Rao (Girl) aged 11 years 2.Akshath Rao (Boy) aged 8 years Mr.Naresh Rao, S/o.Late U.Ramesh Rao, Flat No.2-B, GRN's Vijaya Shree, Door No.9, 2nd Street, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.

... Petitioner/Applicant (in A. No.2143 of 2018) -VersusMrs.Nivedita Rao, W/o.Naresh Rao, 1F, Chaand Towers, 128 L.B.Road, Thiruvanmiyur, Chennai-600 041.

... Respondent/Respondent (in A. No.2143 of 2018) O.P. No.6 of 2016:- Original Petition praying that this Hon'ble Court be pleased to:- a) appoint the petitioner as the guardian of the person of the minors viz.,Aakriti Rao and Akshath Rao to look after their welfare;

b) grant custody of the minor children to the petitioner.

A. No.2143 of 2018:- Application praying that this Hon'ble Court be pleased to modify the order dated 23.01.2017 in A. No.90 of 2016 in O.P. No.6 of 2016 to the effect of permitting the

petitioner to take with him the minor children, namely AakritiRao and AkshathRao during the weekends (i.e.) Saturdays and Sundays, for imparting academic tuitions and extra-curricular skills and later send them back to School on Mondays after picking them up from the School on Fridays. A. No.2142 of 2018:- Mrs.Nivedita Rao, W/o.Naresh Rao, 1F, Chand Towers, 128 L.B.Road, Thiruvanmiyur, Chennai-600 041.

... Applicant/Respondent -VersusNaresh Rao, Flat No.2-B, GRN's Vijaya Shree, Door No.9, 2nd Street, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.

... Respondent/Petitioner Application praying that this Hon'ble Court be pleased to pass an order to relax the condition permitting the respondent/husband to meet the two children at the Daycare Centre situated in Family Court, Chennai from 10.00 a.m. to 1.00 p.m. on every Saturday imposed in A. No.90 of 2016 in O.P. No.6 of 2016 dated 23.01.2017.

This Original Petition along with these applications coming on this day before this court for hearing in the presence of Mr.K.Arvind, advocate for the petitioner in O.P. No.6 of 2016 and for the applicant in A. No.2143 of 2018 and for the respondent in A. No.2142 of 2018 and Mr.S.Suresh, advocate for the respondent in O.P. No.6 of 2016 and A. No.2143 of 2018 and for the applicant in A. No.2142 of 2018 and upon reading the order herein dated 13.07.2018 and the Mediation report along with the memo of compromise signed by the petitioner and the respondent herein and their respective advocates and the said advocates for the parties hereto praying this court to pass an order in terms of the memo of compromise more fully set out in the schedule hereunder and this court doth recording the same, it is ordered as follows:-

That the O.P. No.6 of 2016 be and is hereby disposed of and the parties hereto, shall abide by the same.

2. That the A. Nos.2142 & 2143 of 2018 do stand closed.

SCHEDULE Mediation report along with Memo of Compromise

KLY 29.08.2018 O.P. No.6 of 2016 and A. Nos.2142 & 2143 of 2018 ORDER:

DATED: 31.07.2018 THE HON'BLE MR.JUSTICE N.SATHISH KUMAR FOR APPROVAL:31/08/2018 APPROVED ON:03/09/2018