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Madras High CourtOP/765/2019dismissed as withdrawal

R.Thamizholi v. R.Nithya Priya

2021-02-03Honourable Mr Justice R. Pongiappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Original Petition No.765 of 2019 and A.Nos.7790 to 7792 of 2019 R.Thamizholi, S/o.H.Rajamanickam, A17-Grand Ellora Villa, Sachidananthapuram, MK Stalin Street, Thalambur, Chennai - 601 203.

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Petitioner versus R.Nithya Priya, W/o.Thamizholi, D/o.S.Rajamanickam, Plot No.1, G1, Kumaran Kudil, 3rd Cross Street, Sakthi Srinivasan Salai, Thoraipakkam, Chennai - 600 097.

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Respondent Prayer: Petition filed under Sections 3, 7 to 10 and 25 of The Guardian and Wards Act, 1890 and under Order XXI Rule 2 and 3 of Original Side Rules read with Clause 17 of the Letters Patent Act, 1865, seeking for the following reliefs;

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a) that the petitioner herein may be declared as the Guardian of the persons of the minor children, namely, Pranaya Naachi and Pranaav Aadityaa both born on 14.05.2017, now aged 2 years; and b) that the respondent may be directed to handover custody of the minor children, namely, Pranaya Naachi and Pranaav Aadityaa both born on 14.05.2017, now aged 2 years, residing at A17-Grand Ellora Villa, Sachidanantha Puram, MK Stalin Street, Thalambur, Chennai - 601 203 to the petitioner. For Petitioner :

Mr.J.Saravana Vel For Respondent :

Ex parte on 02.11.2020

O R D E R

This Original Petition has been filed under Sections 3, 7 to 10 and 25 of The Guardian and Wards Act, 1890 and under Order XXI Rule 2 and 3 of Original Side Rules read with Clause 17 of the Letters Patent Act, 1865.

2. Today, when the Petition is taken up for hearing, the learned counsel appearing for the petitioner appeared through Video Conferencing and made submission as, the dispute having by the petitioner with the respondent was settled in out of Court. He would further submit that in 2/4

respect to the same, already he made an endorsement on 21.01.2021 before the learned Master for withdrawing this Petition. The said submission is recorded.

3. Hence, in view of the above, this Original Petition is dismissed as withdrawn. Consequently, connected Applications are closed. However, there is no order as to costs.

03.02.2021 Speaking order / Non-speaking order Index : Yes / No Internet : Yes sri 3/4

R.PONGIAPPAN, J.

sri Original Petition No.765 of 2019 and A.Nos.7790 to 7792 of 2019 03.02.2021 4/4