Muizz Ali v. Nazia Hassan

O.A.No.734 of 2021 and A.No.435 of 2022 in O.P.No.695 of 2021 C.V.KARTHIKEYAN,J These applications have been filed by the father of two minor children seeking restraint against the respondent/mother from taking the minor children from and out of the jurisdiction of this Court. 2.The affidavit runs to 69 paragraphs and practically all of them raise allegations against the respondent.

3.Both the petitioner and the respondent must keep in mind that raising allegations against each other would be a disqualification while considering whom to act as guardian of the two children. They must project a positive image of both of them to the children. The welfare of the children are important to this Court and not the welfare of either the petitioner or the respondent. They may continue to quarrel elsewhere but they must ensure that the quarrels does not spill over and affect the mental health of the two children.

4.An order had been passed on 25.11.2021 granting interim injunction and A.No.435 of 2022 had been filed seeking to vacate that particular order of interim injunction.

https://www.mhc.tn.gov.in/judis 1/2

C.V.KARTHIKEYAN, J.

vkr 5.Let me modify the said order and permit the respondent to take the children, if required, to any function or on any other necessity outside the jurisdiction of this Court, but before she takes that particular step, she must obtain leave of this Court and also no order would be passed without hearing the petitioner. This effectively means that the respondent will have to get permission from this Court before taking the children out of the jurisdiction of this Court.

6.Stating as above, both these Applications stands disposed of. 22.04.2024 vkr (1/5) O.A.No.734 of 2021 and A.No.435 of 2022 in O.P.No.695 of 2021 https://www.mhc.tn.gov.in/judis 2/2