M.C.Aruna v. P.Senthilkumar
Case brief
What is this about?
Court permitted amendment of cause title and prayer in a guardianship petition to remove an eldest son who attained majority and restrict prayer to a younger minor son pending disposal.
What did the court decide?
Application to amend cause title and prayer allowed; petitioner directed to file amended petition; matter listed before Master for evidence.
What the court decided
A.No.531 of 2022 in O.P.No.73 of 2017
P.VELMURUGAN,J.
This application has been filed to permit the petitioner to amend the cause title and prayer in O.P.No.73 of 2017.
- The learned Counsel for the applicant/petitioner would submit that the main O.P. has been filed by the applicant/petitioner who is the mother of the minor children to declare her as the sole guardian of the minor children. The learned counsel would further submit that the first son of the applicant/petitioner namely Dhayanantham who was born on 07.05.2002, now attained majority as on 07.05.2020 and therefore, the present application has been filed to amend the cause title and prayer in the main O.P. by removing her first son's name Dhayanantham and to restrict her prayer with regard to her younger son Mukunthan who was born on 08.10.2007 pending disposal of the O.P.
- In view of the above submission that the first minor son of the applicant/petitioner has attained majority, the application is allowed.
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- The learned counsel for the applicant/petitioner is directed to file an
amended petition and if it is otherwise in order, Registry is directed to place the matter before one of the learned Masters for recording evidence in the main Original Petition and list the matter before this Court after recording evidence.
Issues for consideration
1 issue framed by the court
Whether to permit amendment of cause title and prayer to remove a minor son who has attained majority and restrict prayer to another minor son.
Parties & counsel
- petitioner
PETITIONER
Coram
VELMURUGAN,J.
Case details
As recorded by the court registry
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