The High Court of Madras dismissed an original petition seeking permanent sole legal custody and passport/PIO card renewal on the ground that the petitioner voluntarily withdrew the petition before hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
TUESDAY, THE 21TH DAY OF DECEMBER 2021 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
O.P. No.644 of 2020
In the matter of the Guardian and Wards Act, 1890 And In the matter of minor Arshia Singh.
Capt. Archana Singh, D/o.Late. Shri Ram Ekbal Singh, No.202, Jayashree Apartments, 2nd Main Road, R.A.Puram, Chennai – 600 028.
... Petitioner
-Vs-
Rajesh Kumar Singh, S/o. (Late) Sri. Nath Narayan Singh, B2-701, Krishna Apra Gardens, Vaibhav Khand, Indirapuram, Ghaziabad – 201 012. Uttar Pradesh State.
...Respondent
Original Petition praying that this Hon'ble Court be pleased that the petitioner may be granted the Decree for permanent sole legal custody of her Minor Daughter Arshia Singh for renewal of the passport and the Persons of Indian Origin card of her daughter Arshia Singh.
This Original Petition coming on this day before this Court for
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hearing in the presence of Dr.S.S.Swaminathan, Advocate for the petitioner
herein and Mr.P.V.Balasubramanian for M/s.BGS Legal, Advocates for the respondent herein and upon reading the petition filed herein and the learned counsel for the petitioner having made an endorsement on the petition Stated that "the purpose for which the O.P. has been filed got fulfilled and so, the petitioner may be permitted to withdraw the O.P." to that effect, it is ordered as follows:-
This original petition in O.P.No.644 of 2020 be and is hereby dismissed as withdrawn.
WITNESS THE HON'BLE MR.JUSTICE MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 21st DAY OF DECEMBER 2021
Sd/ASSISTANT REGISTRAR (O.S.II) //Certified to be true copy// Dated at Madras this the day of 2022.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
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07.02.2022 skg
O.P. No.644 of 2020
ORDER
DATED: 21.12.2021
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE FOR APPROVAL: 14.02.2022
APPROVED ON: 14.02.2022
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :21.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
G.W.O.P.No.644 of 2020
Capt. Archana Singh ...Petitioner Vs Rajesh Kumar Singh ...Respondent
Prayer: Petition under Sections 3 and 25 of the Guardian and Wards Act, 1890, read with Order XXI Rules 2 and 3 of O.S.Rules, to grant the Decree for permanent sole legal custody of her minor daughter Arshia Singh for renewal of the passport and the persons of Indian Origin Card of her daughter Arshia Singh.
For Petitioner : Dr.S.S.Swaminathan
For Respondent : Mr.P.V.Balasubramaniam for
M/s.BGS Legal
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ORDER
Learned counsel for the petitioner seeks permission of this Court to
withdraw this Original Petition and he has also made an endorsement to that effect in the bundle.
costs.
Sd./- A.Q.J. 21.12.2021
Dated at Madras this the day of 2022.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
1 issue framed by the court
Whether the petitioner is entitled to permanent sole legal custody for the purpose of passport and PIO card renewal.
2 provisions across 2 enactments
Capt. Archana Singh
Rajesh Kumar Singh
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
