Mr. Sethuraman Srinivasan v. Nandini Alagar
A.No.6387 of 2019 in O.P.No.598 of 2018 SENTHILKUMAR RAMAMOORTHY, J Pursuant to the earlier order dated 09.01.2020, the learned counsel for the applicant and the respondent submitted that as per the interim arrangement, the applicant was permitted to have temporary access to the child on the dates specified therein. As directed by the said order, the learned counsel for the applicant has filed an affidavit dated 19.01.2020 stating that the applicant has no objection to the respondent withdrawing interest that has accrued on the fixed deposit of Rs.17,50,000/- made by the applicant in the name of the child. However, the said consent is limited to the interest that accrues from 20.01.2020.
2. The learned counsel for the respondent submits that the money is required for the purpose of paying school fees of the child and that, therefore, the respondent should be permitted to withdraw the interest that has accrued from 01.04.2019 instead of 20.01.2020.
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3. Upon considering the submissions of the respective counsel, I find that the request of the learned counsel for the respondent is a reasonable one, keeping in mind the fact that it is intended to pay the school fees of the child from and out of the said amount. Accordingly, the respondent shall be permitted to withdraw the interest that has accrued from 01.04.2019 on the fixed deposit of Rs.17,50,000/-.
4. In view of the compliance of the earlier order dated 09.01.2020 and filing of the affidavit referred to above, nothing survives for adjudication in this application. Accordingly, this Application is closed.
5. In view of the express consent for withdrawal of interest in the affidavit dated 19.01.2020, notice to the applicant/husband shall be dispensed with, if the respondent files an application before the II Additional Family Court for modification of the earlier order dated 19.01.2018 in O.P.No.2404 of 2017 so as to enable the withdrawal of the interest, as directed in this order. Notice in the said application may be served on the learned counsel for the applicant herein.
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SENTHILKUMAR RAMAMOORTHY, J kal A.No.6387 of 2019 in O.P.No.598 of 2018 20.01.2020 3 / 3