Disposed

S.Naveenkumar v. K.Preethi

Madras HC4 Aug 2023OP/238/2023

Case brief

AI extract

What is this about?

The High Court disposed of an original petition filed by the father seeking permanent custody and guardianship of his minor son. Upholding the parties' settlement agreement granting custody to the mother, the Court granted the father visitation rights on Saturdays and closed the connected application.

What did the court decide?

Visitation rights granted to the petitioner on Saturdays between 10.00 a.m. and 12.00 p.m.; Original Petition and connected application disposed.

S.Naveenkumar Vs K.Preethi — Child Custody and Guardianship | Madras HC (2023)

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O.P.No.238 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 04.08.2023

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CORAM

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THE HONOURABLE MS.JUSTICE R.N.MANJULA O.P.No.238 of 2023

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and A.No.2628 of 2023

S.Naveenkumar

… Petitioner

Vs.

K.Preethi ... Respondent

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Original Petition filed under Sections 3,7,8,9,10 & 25 of the Guardians and Wards Act, 1890 and Order XXI Rule 2 of Original Side Rules to:

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i) appoint and declare the petitioner as Guardian of the person of Minor Son of the petitioner, namely, Keshan Sai N born on 18.10.2018, now aged 4 years, until the Minor Son attains majority and

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ii) grant permanent custody of the minor son of the petitioner, to the petitioner herein.

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For Petitioner : Mr.N.Ganesh For Respondent : Ms.K.Chandra

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ORDER

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

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O.P.No.238 of 2023

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The petition has been filed to appoint and declare the petitioner as

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Guardian of minor child namely, Keshan Sai N born on 18.10.2018, until

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the minor child attains majority and to grant permanent custody of the minor child to the petitioner.

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2. The petitioner is the father of the minor child Keshan Sai N. Since there was some matrimonial dispute between the petitioner and respondent, the father of the minor has filed this petition seeking for guardianship and permanent custody of the minor child.

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3. When the matter is taken up today, the learned counsel for both sides submitted that the parties have settled their dispute among themselves by arriving at a settlement. It is further submitted that as per the compromise between the parties, it was agreed that the minor child Keshan Sai N shall be under the custody of the respondent / mother and she shall be the legal guardian of the minor child. The said fact was admitted by the learned counsel for the respondent as well. However the learned counsel for the petitioner insisted to make some arrangement for visitation rights of the child. Considering the circumstances of the case, the petitioner is given with visitation rights as per the following arrangement.

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

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O.P.No.238 of 2023

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4. The petitioner can visit the minor child at the residence of the

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respondent on every Saturday between 10.00 a.m. and 12.00 p.m. If the child feels comfortable, he can take the child to the Sivan Park, K.K.Nagar, Chennai – 600 078 and handover the child back to the mother by 12.30 p.m.

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5. In view of the understanding arrived between the parties and also in view of the visitation right granted to the petitioner, nothing remains to be considered further. And hence this Original Petition is disposed. In case the parties find any difficulty in executing the visitation rights they are at liberty to seek any modification. Connected application is closed.

0 4 .08.2023

bkn

Index :Yes/No

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

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O.P.No.238 of 2023

R.N.MANJULA, J.

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O.P.No. 238 of 2023

04.08.2023

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

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S.Naveenkumar v. K.Preethi

Case brief

What is this about?

What did the court decide?

S.Naveenkumar v. K.Preethi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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