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Madras High CourtOP/386/2023dismissed as withdrawal

M.Sowmya v. Susin

2023-11-01Honourable Ms Justice R.N.Manjula3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2023

CORAM

THE HONOURABLE Ms.JUSTICE R.N.MANJULA O.P. No.386 of 2023 and A.No.3547 of 2023 M.Sowmya, 36 years D/o.Muruganandam 71/72, E.M.Balasubramaniam Street Thiru Nagar Colony Erode 638 003 ... Petitioner /Vs/ Susin S/o.Jayaraj 181/40, State Bank Officers Colony Salem ... Respondent Petition is filed under Section 3, 7 to 10 & 25 of the Guardians and Wards Act, 1890 r/w. Order XXI Rules 2 & 3 of the Original side Rules r/w.clause XVII of Letters Patent Act (a) to appoint the Petitioner as the sole, permanent and exclusive custodian of her child minor son Vikram Krishna aged about 2 years 10 months, (b) to appoint the Petitioner as the sole and exclusive guardian of the person of her child minor son Vikram Krishna, aged about 2 years 10 months.

For Petitioner :

Mr.G.M.Anantha Kumar For Respondent :

Mr.S.Sathyaraj 1/3

ORDER

This Petition has been filed to appoint the Petitioner as the sole, permanent & exclusive custodian of her child minor son Vikram Krishna aged about 2 years 10 months and to appoint the Petitioner as the sole and exclusive guardian of the person of her child minor son Vikram Krishna, aged about 2 years 10 months.

2.When the matter is taken up for hearing, learned counsel for the Petitioner seeks leave of this Court to withdraw this Petition and he has also made an endorsement in A.No.3547 of 2023 as follows: "This Petition may be dismissed as withdrawn as the Respondent herein has filed affidavit in OSA.No.134 of 2023 to give custody of the child permanently by reserving his right of visit. Hence this Petition may be dismissed as withdrawn." 3.In view of the above said submission and endorsement made by the learned counsel for the Petitioner, O.P.No.386 of 2023 is dismissed as withdrawn and A.No.3547 of 2023 is closed. No costs. 01.11.2023 Index : Yes/No (2/2) : Yes/No Speaking Order/Non-Speaking Order sai 2/3

R.N.MANJULA, J.

sai O.P. No.386 of 2023 and A.No.3547 of 2023 01.11.2023 2/2 3/3