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Madras High CourtOP/832/2024disposed of

Nanda Kishore Sai v. Manisha Sree Adithya

2025-04-07Honourable Mr Justice K.Kumaresh Babu6 pages

CS NO. 832 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2025

CORAM

THE HONOURABLE MR JUSTICE K.KUMARESH BABU O.P.No.832 of 2024 Nanda Kishore Sai ... Petitioner Vs Mrs.Manisha Sree Adithya .. Respondent Petition filed under Sections 3,7,8,9,10,25 and 26 of the Guardians and Wards Act, 1890 r/w Or.XXI Rule 2 & 3 of the Madras High Court Original Side Rules to appoint and declare the petitioner as the legal Guardian of the person of the Minor Child, "Suryaansh Sai" and also to have the Sole and Permanent Custody of the minor male child, Suryaansh Sai, aged about 8 years to the petitioner.

For Petitioner : Ms.S.Sridevi For Respondent: Mr.K.Raja

ORDER

The petitioner and the respondent have appeared before this Court today and the petitioner has been identified by the learned counsel for the petitioner. The respondent was directed to produce her I.D card and she has produced her Aadhar Card, bearing No.912923736186. The parties have presented before 1/6

this Court a Memorandum of Compromise dated 07.04.2025 that had been entered into between the parties.

2. The respondent/mother has agreed to give her consent to hand over the custody of the male Child Suryaansh Sai, aged about 9 years to the petitioner/father permanently in the present case. The respondent also acknowledges the Memorandum of Compromise that had been signed by her along with the petitioner. Memorandum of Compromise dated 07.04.2025 reads as follows:

" MEMORANDUM OF COMPROMISE"

This Memorandum of Compromise is entered between Nandikishore Sai S/o R.S.Parthasarathy, Hindu, aged about 39 years residing at No.17/5, 2nd Main Road.

Kasturi Bai Nagar, Adayar, Chennai-600 020, the petitioner herein and Manisha Sree Adthiya, D/o B.Sivaramakrishnan, Hindu, aged about 33 years, residing at No.40/143, Second Floor, Viswas Chedus Apartment, Aani Street, Chinmaya Nagar, Virugambakkam, Chennai-600 092, the respondent herein.

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This Memorandum of understanding witnesses as follows:-

1. The petitioner and the respondent were married on 03.06.2013, at GEETHA BHAVAN KALYANA MANDAPAM, Old No.334, New No.233, Avvai Shanmugam Salai, (Ex.Lloyds Road), Gopalapuram, Chennai-600 086, as per Hindu rites and customs. One Male Child was born out of the wedlock on 12.02.2026, namely Suryaansh Sai, the minor mentioned herein.

2. Difference of opinion arose between the petitioner and the respondent and the petitioner filed petition to dissolve the marriage under the ground of cruelty before the VI Additional Family Court, Chennai in O.P No.4744/2024.

3. In the mediation held before the Family Court, Chennai on 02.04.2025 the petitioner and the respondent agreed to dissolve their marriage by mutual consent and the petition to that effect was filed 3/6

before the family Court, Chennai on 07.04.2025. The petitioner agreed to pay Rs.10,00,000/- as permanent alimony and the respondent agreed for the amount.

4. The respondent hereby give her consent to this Hon'ble Court to hand over the custody of the male child Suryaansh Sai, aged about 9 years to the father of the child, the petitioner herein Mr.Nanda Kishore Sai permanently.

5. The petitioner hereby given his consent to this Hon'ble Court to give visitation rights to the respondent/Mother, on 1st Sunday of every month, with one day prior intimation to the petitioner/father.

Both the petitioner and the respondent agreed for the above terms whole heartedly.

Dated at Chennai this the 7th day of April 2025.

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3. The said Memorandum of Compromise is taken on record and the Original Petition is disposed of on the terms of the compromise.

4. The said Memorandum of Compromise shall form part of the Schedule.

07.04.2025 sr Index:yes/no Website:yes/no 5/6

K.KUMARESH BABU.J., sr O.P.No.832 of 2024 07.04.2025 6/6