Madras High Court
V.Chellappa (Died) vs K.Ramanathan on 9 September, 2022
C.M.A(MD) No.20 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
C.M.A(MD)No.20 of 2009
and
M.P(MD) Nos.1 & 2 of 2009 and 1 of 2010
1.V.Chellappa (died)
(Meme dated 09.09.2022 is filed)
2.C.Krishnammal ... Appellants
vs.
K.Ramanathan ... Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 47 of
Guardian Wards Act, 1890, to set aside the order and decree dated
05.12.2008 made in G.W.O.P.No.33/2006 on the file of I Additional
District Judge, Madurai.
For Appellants : Mr.A.Nister Hakeem
For Respondents : Mr.S.Parthasarathy
1/5
https://www.mhc.tn.gov.in/judis
C.M.A(MD) No.20 of 2009
JUDGMENT
************
This Civil Miscellaneous Appeal is filed to set aside the order and
decree dated 05.12.2008 made in G.W.O.P.No.33/2006 on the file of I
Additional District Judge, Madurai.
2. The facts of the case, in nutshell, as follows:-
The respondent married the daughter of the appellants and they
blessed with a female child, namely, Dhivyasri on 15.10.2005.
Immediately, after delivery, due to complications, the respondent's wife
died. On 01.12.2005, the appellants had taken the child. Thereafter, the
appellants did not allow the respondent/father to see the child. Hence, he
filed GWOP and the same was allowed. Challenging the same, the
present appeal has been filed by the appellants, namely, grandparents of
the child.
3. Since the matter is pending from the year 2009, this Court
directed the parties to appear before this Court today along with child.
https://www.mhc.tn.gov.in/judis
C.M.A(MD) No.20 of 2009
4. When the matter is taken up for hearing today, the second
appellant and the respondent appeared along with the child. This Court
enquired the child and she fairly stated that she is studying +2 and she is
willing to stay with her grandmother, namely, the second appellant
herein. So also, this Court enquired the respondent and he has stated that
he married another lady and out of the marriage, they begotten two child
and they are living happily.
5. Recording the above statements of the parties and also
considering the request of the child, Dhivyasri, this Criminal
Miscellaneous Appeal is allowed and the order and decree, dated
05.12.2008 made in G.W.O.P.No.33/2006 on the file of I Additional
District Judge, Madurai, is set aside. No costs. Consequently, connected
miscellaneous petitions are closed.
09.09.2022
Index :Yes/No
Internet :Yes/No
skn
https://www.mhc.tn.gov.in/judis
C.M.A(MD) No.20 of 2009
To
1.The I Additional District Judge, Madurai.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A(MD) No.20 of 2009
A.A.NAKKIRAN .,J.
skn
JUDGMENT MADE IN
C.M.A(MD)No.20 of 2009
and
M.P(MD) Nos.1 & 2 of 2009 and 1 of 2010
09.09.2022.
https://www.mhc.tn.gov.in/judis
