Madras High CourtOP/788/2023disposed of

B.Jai Kishan v. Mansi

2024-04-16Honourable Mr Justice C.V. Karthikeyan3 pages

O.P.No.788 of 2023 and A.Nos.6432 & 6433 of 2023 C.V.KARTHIKEYAN, J.

The petitioner has filed this Original Petition under Section Section 3, 7 to 10 and Section 25 of the Guardians and Ward Act, 1890 r/w order XXI Rule 2 and 3 of the Original Side Rules seeking to appoint him as the guardian of the minor two children and also to grant permanent custody of the two minor children.

2. Today, when the matter is taken up for hearing, both the petitioner and the respondent are present. Learned counsel for the parties represented that the matter has been settled between the parties as they have reconciled the difference of opinion between them and are now residing together. A joint affidavit dated 15.04.2024 has also been filed to that effect. The Joint affidavit read as follows:- "1. We submit that we are the petitioner and the respondent in the original petition for guardianship of our minor children and we are well acquainted with the facts and circumstances of the case. We further submit that owing to a matrimonial dispute between us; the petitioner herein had filed

this original petition seeking to appoint him as the natural guardian of our daughters namely Ms.Pragya and Ms.Keerthi.

2. We submit that the petitioner/husband had filed Crl.OP.No.2568 of 2024 before this Hon'ble Court seeking to quash the charge sheet filed as against him. We further submit that during the pendency of Crl.OP.No.2568 of 2024 we were advised to re-concile and to work out our differences. We further submit that we have reconciled and the respondent has returned to the matrimonial home along with our children and we have been residing together since 17.02.2024.

3. We submit that we have settled all our issues amicably and have mutually decided to live together under the same roof and lead a happily married life. We therefore request this Hon'ble Court to take this affidavit on file and grant leave to withdraw this original petition seeking guardianship of our minor children".

3.The joint affidavit dated 16.04.2024 is recorded and the Original Petition is disposed of in terms of the joint affidavit. The joint affidavit shall form part of the decree. Consequently, connected applications are closed. 16.04.2024 dpq

C.V.KARTHIKEYAN, J.

dpq O.P.No.788 of 2023 and A.Nos.6432 & 6433 of 2023 16.04.2024