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Madras High CourtA/3961/2021disposed of

Mr.R.Arumugam v. Mr.K.Rajesh

2021-12-01Honourable Mr Justice Abdul Quddhose3 pages

A.No.3961 of 2021 In O.P.No.659 of 2021 ABDUL QUDDHOSE, J This petitioner who is the maternal grandfather of the minor child Baby Riya born out of the wedlock between the respondent and the petitioner's daughter Epsy Rani who died on 13.01.2021 and it is the contention of the petitioner that eversince the birth of the minor child Baby Riya ie., for almost two years, they were taking care of the child and only thereafter, the respondent took custody of the minor child.

2. They have filed O.P.No.659 of 2021 seeking guardianship for the minor child Baby Riya. Pending original Petition, Application No.3961 of 2021 has been filed seeking interim custody of the minor child Baby Riya who born on 05.02.2018.

3. By consent of both the parties, A.No.3961 of 2021 is disposed of by issuing the following directions:

(a) The applicant/petitioner and his wife Velakannai Arumugam will go over to Tiruvarur where the minor child Baby Riya is presently living with the respondent who is her father on every Saturday and have interim custody of the said child from the respondent at 9.00 am on every Saturday and stay in a comfortable accommodation which is convenient to the minor child and after enjoying the 1/3

visitation rights, the petitioner shall return custody of the minor child back to the respondent at 7.00 pm on the following Sunday without fail. (b) The respondent shall co-operate for the effective fulfillment of the above arrangement.

(c)However, it is made clear that Baby Riya shall not be taken out of Tiruvarur, when the petitioner is having interim custody of her during every weekend.

01.12.2021 nl Note: Issue order copy on 02.12.2021.

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ABDUL QUDDHOSE, J nl A.No.3961 of 2021 In O.P.No.659 of 2021 01.12.2021 3/3