Madras High CourtWP(MD)/18135/2022dismissed

Nithya. B v. The District Child Protection Officer

2025-01-20Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P(MD)No.18135 of 2022 B.Nithya ... Petitioner Vs 1.The District Child Protection Officer, District Child Protection Unit, Collectorate New Building third floor, Madurai District.

2.M.Sanjay Gandhi ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the first respondent to enable the Petitioner to take his son N.S.Abinav(male child, aged 10 years) to abroad by endorsing his company with the Petitioner by issuing a certificate in this regard in the light of the decree of divorce granted by the Sub-Court, Thirumangalam, Madurai District in H.M.O.P.No.13 of 2020.

For Petitioner : Mr.R.Anand For RR - 1 : Mr.D.Gandhiraj Special Govt.Pleader For RR - 2 :Mr.G.Thiruvarutselvan 1/4

ORDER

This Writ Petition has been filed for a direction, directing the first respondent to enable the Petitioner to take his son N.S.Abinav(male child, aged 10 years) to abroad by endorsing his company with the Petitioner by issuing a certificate in this regard in the light of the decree of divorce granted by the Sub-Court, Thirumangalam, Madurai District in H.M.O.P.No.13 of 2020. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.A perusal of the records would reveal that it is a family dispute between the Petitioner and second respondent. Therefore the prayer sought for in this Writ Petition namely, custody of her son can be agitated only before the competent Court and this Court cannot grant such prayer in this Writ Petition sitting under Article 226 of the Constitution of India.

4.In view of the above, this Writ Petition stands dismissed. There shall be no order as to costs.

20.01.2025 2/4

NCC : Yes / No Index : Yes / No Internet : Yes vsn To The District Child Protection Officer, District Child Protection Unit, Collectorate New Building third floor, Madurai District.

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G.K.ILANTHIRAIYAN, J.

vsn Order made in W.P(MD)No.18135 of 2022 20.01.2025 4/4