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Madras High CourtOP/516/2024dismissed

Dr.C.Arvind Babu v. R.Praneswari @ Priya

2025-01-03Honourable Dr Justice G. Jayachandran2 pages

OP NO. 516 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-01-2025

CORAM

THE HONOURABLE DR JUSTICE G. JAYACHANDRAN OP NO. 516 of 2024 and A.No.4355 of 2024 Dr.C.Arvind Babu S/o.C.Rajan Babu, Nu Tech Rich Mount Square, F-A 17/22, 1st Main Road, United India Colony, Kodambakkam, Chennai - 600 024.

Petitioner(s) Vs R.Praneswari @ Priya D/o.G.Rathinavelu, No.11/185, Gangai Amman Koil Street, Vengaivasal, Chennai - 600 126.

Respondent(s) For Petitioner(s):

B. Leelash Sundaram For M/s.Nathan And Associates For Respondent(s):

Mr.G.Karthikeyan, Senior Counsel for Krishna Ravindran

ORDER

This Original Petition is filed by the father who conveniently obtained divorce and relinquishing his right of custody and visitation right of the minor child, allowing the respondent to bring up the child.

2. Now, suddenly he has decided to claim custody and visitation right stating that the respondent/mother has become poor, due to loss in her business and therefore, he will be the better person to have the custody of the minor child. https://www.mhc.tn.gov.in/judis

3. In the petition, it has been specifically alleged that the financial status of the respondent has come down due to the proceedings initiated under the IPC Code and also to show that he is a fit person to have the custody of the minor child, he has deposited a sum of Rs.20,00,000/- in favour of the child.

4.The said averments and allegations were denied by the respondent through their counter affidavit. Hence, this Court directed the learned counsel for the petitioner to produce the document to substantiate his claim that the respondent/mother has become financially incapable to have custody of the minor girl and contrarily he has invested Rs.20,00,000/- for the welfare of the minor girl. However no such documents are produced. Hence this Court is of the view that this petition is filed with some ulterior motive to disturb the peaceful existence and living of the minor girl aged 4 years which is presently with her mother living comfortably. Hence, this Original Petition is dismissed. Consequently, the connected application is closed.

03-01-2025 Vv To

1. R.Praneswari @ Priya D/o.G.Rathinavelu, No.11/185, Gangai Amman Koil Street, Vengaivasal, Chennai - 600 126.

https://www.mhc.tn.gov.in/judis