Dismissed

S Balasundari, Aged 36 years, D/o.Subramaniam v. Mr.Subash, Aged about 40 years, S/o.Mr.Panchanathan

Madras HC15 Sept 2022A/2636/2020

Case brief

AI extract

What is this about?

This order directs the petitioner to record evidence before seeking medical evaluation of children. The court reserves decision on evaluation after weighing evidence from both parents, highlighting its duty as parens patriae if parents disown children.

What did the court decide?

Release of applications pending before recording evidence in the main petition; order for future listing of evidence.

S Balasundari, Aged 36 years, D/o.Subramaniam… — Child Custody and Guardianship | Madras HC (2022)

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Application No. 2636 of 2020 in Original Petition No. 475 of 2020

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Application No. 2636 of 2020 in Original Petition No. 475 of 2020

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C.V.KARTHIKEYAN, J.

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Both these applications need not be kept pending for any further adjudication on the file of this Court, since a direction has been given in

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the main original petition. The parties can make primary evidences not only based the averments made in the original petition but also in the averments made in these two applications. These applications are therefore dismissed.

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Affidavit has been filed by the petitioner stating that she will come over to the Court on 30.09.2022 to tender evidence and the said affidavit is taken on record. The matter is to be listed before the learned Master on 30.09.2022 for recoding evidence.

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I am also informed that the petitioner has filed an application for medical evaluation of the child.

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https://www.mhc.tn.gov.in/judis

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Application No. 2636 of 2020 in Original Petition No. 475 of 2020

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Let the petitioner first tender evidence and thereafter, make out a case for medical evaluation. After weighing evidences given by both husband and wife, let learned Master take a decision as to whether the children require medical evaluation or not. If both the parents disown the children it is for the Court as parens patriae to discharge duty over the children.

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Post the matter before the learned Master on 30.09.2022 for

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recording evidence on both sides. The matter may be listed before this Court after recording evidence on both sides.

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The learned counsel for the petitioner may serve letter to the

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learned counsel for the respondent informing that the matter is listed before the learned Master for recording of evidence on 30.09.2022 and seek cooperation.

15.09.2022

Maya

https://www.mhc.tn.gov.in/judis

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Application No. 2636 of 2020 in Original Petition No. 475 of 2020

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C.V.KARTHIKEYAN, J.

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Maya

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Application No. 2636 of 2020 in Original Petition No. 475 of 2020

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Dated :15.09.2022

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https://www.mhc.tn.gov.in/judis

S Balasundari, Aged 36 years, D/o.Subramaniam v. Mr.Subash, Aged about 40 years, S/o.Mr.Panchanathan

Case brief

What is this about?

What did the court decide?

S Balasundari, Aged 36 years, D/o.Subramaniam v. Mr.Subash, Aged about 40 years, S/o.Mr.Panchanathan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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