Madras High CourtCMA(MD)/460/2010closed

V.Nambirajan v. K.M.Rathinam

2020-12-17Honourable Mr Justice G.Ilangovan2 pages

C.M.A.(MD)No.460 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 17.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN C.M.A.(MD)No.460 of 2010 and M.P.(MD)No.1 of 2012 V.Nambirajan ... Appellant Vs.

K.M.Rathinam ... Respondent Prayer: Civil Miscellaneous Appeal filed under Section 47 of the Guardian and Wards Act, against the order passed in G.W.O.P.No.91 of 2008, dated 27.11.2009 on the file of the I Additional District Court, Tiruchirappalli to be set aside.

For Appellant : Mr.T.S.R.Venkatramana, Advocate For Respondent : Mr.R.Subramanian, ADvocate for Mr.Muruga Boopathi, Advocate

JUDGMENT

This Civil Miscellaneous Appeal is filed against the order passed in G.W.O.P.No.91 of 2008, dated 27.11.2009, on the file of the I Additional District Court, Tiruchirappalli. 2.The learned counsel for the appellant and the learned counsel for the respondent are present.

3.The Appeal has been preferred against the order passed by the Trial Court appointing the respondent as the Guardian for the minor child.

4.Perusal of records, it is seen that the date of birth of the child is 16.11.2003. So, it is seen that she is going to attain majority in the coming month. It is also represented by the respondent that the petitioner / father is also visiting the child and it is also represented that he has no objection for the same. Since the child is going to attain majority and after attaining her majority, she may decide her own course. The respondent wants this submission not to be recorded. But, this is the natural course that is going to happen in the near future, after attaining the majority. Moreover, after passing of the order, ten years lapsed. It appears that no bad situation arose between the parties. So, at the length of this time, no interference is called for in the order passed by the Court below.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.A.(MD)No.460 of 2010 5.So, with this observation, this Civil Miscellaneous Appeal is closed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) To The I Additional District Judge, Tiruchirappalli.

COPY TO:

The Section Officer, VR Section,(2 COPIES) Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.T.S.R.VENKATRAMANA, Advocate (SR-25902[F] dated 17/12/2020) +1 CC to M/s.R.SUBRAMANIAN, Advocate ( SR-26140[F] dated 18/12/2020) C.M.A.(MD)No.460 of 2010 17.12.2020 LS TK/SAR/19.01.2021/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2