Madras High Court
C.V.Ananth Padmanabhan vs Mrs.Bindu on 16 April, 2015
Author: V.Ramasubramanian
Bench: V.Ramasubramanian
In the High Court of Judicature at Madras Dated: 16.04.2015 Coram The Honourable Mr.JUSTICE V.RAMASUBRAMANIAN Original Petition No.144 of 2008 C.V.Ananth Padmanabhan .... Petitioner Vs. Mrs.Bindu .... Respondent PETITION under Sections 3, 7 to 10 of the Guardians and Wards Act of 1890 read with Order XXI Rule 2 and 3 of the Original Side Rules to declare the petitioner as the legal guardian and retain custody of his children Miss. Anamika (Date of Birth 25.02.1999) and Master Riyaan (Date of Birth 17.12.2003). For Petitioner : Mr.P.V.Balasubramanian For Respondent: Mr.R.Thiagarajan ----------- O R D E R
Finally, the long pending dispute between the petitioner and the respondent with regard to the custody of the minor children as well as the other issues got resolved. The parties have entered into a memo of compromise dated 16th April, 2015, which reads as follows:
"a) The Petitioner/Father herein agrees that the Respondent/Mother shall henceforth be the Guardian for the minor children Selvi.Anamika and Master.Riyaan (hereinafter referred to as children)
b) Both the Respondent/Mother and petitioner/Father hereby agree that the children Selvi. Anamika and Master.Riyaan will be under the care and custody of their mother the respondent herein at Hyderabad or any other place/places where the Respondent/Mother resides. If the Respondent/Mother decides to permanently move out of India with the children, before they attain the age of majority, such relocation of children should be done only upon consultation and express consent of the Petitioner/Father herein as agreed upon in the joint memo filed in the Court of the XIII Additional Chief Metropolitan Magistrate-Cum-Family Court, City Criminal Courts at Nampally, Hyderabad.
c) The Petitioner herein taking into consideration his children's welfare and wellbeing, has agreed to give them an total extent of Acres 57.6299 cents of land at Marakannam, Tamil Nadu under two (2) Settlement Deeds to be executed by the petitioner and his mother Mrs.Indrani in favour of his children in the following manner:
i) An extent of Acre 28.0649 cents shall be settled in favour of his minor daughter Ms.C.A.Anamika, through a Deed of Gift Settlement deeds immediately on receipt of this order, and
ii) An extent of Acre 29.565 cents shall be settled in favour of his minor son Master C.A.Riyaan, under a Deed of Gift Settlement deeds immediately on receipt of this order.
d) The Respondent/Wife agrees not to make any claim as against the Petitioner or his family members in any manner towards her past, present & future alimony and maintenance - that could be claimable by her.
e) Both the Respondent and Plaintiff further agree that they shall not in any manner have any kind of claim as against each other and their family members in respect of :-
i. Any of his/her income or property (both self acquired and ancistral), ii. all claims for capital, being lumpsum payments and transfer of property, iii. all claims in respect of their personal belongings, iv. all claims in respect of costs, v. all claims against their estates on death, vi. all other claims of any nature which one may have against the other howsoever arising either in India or any other jurisdiction.
vii. Both the parties herein hereby agree to sign or otherwise deal as requested with any documents that may be produced to them with reference to the above.
f) Both the Petitioner and Respondent doth hereby drop all allegations, averments made against each other in the following proceedings and agreed to close the issues in the manner stated below.
LIST OF CASES INITIATED BY BOTH THE PARTIES Sl.No Case No. Court Parties
1. O.P.144/08 Hon'ble High Court at Madras Petitioner & Respondent
2. C.C.111/10 Hon'ble Chief Metropolitan Magistrate -cum-Family Court, City Criminal courts, Nampally, Hyderabad. Petitioner, Petitioner's father, mother & sister and the Respondent
3. O.P.1281/11 Hon'ble III Addl. Family Court, Chennai petitioner & Respondent
4. O.P.218/12 Hon'ble III Addl. Family Court, Chennai Petitioner & Respondent
5. O.S.98/13 Hon'ble Principal District Judge At Villupuram Petitioner, Petitioner's mother, Respondent
6. Crime No.130/2013 Criminal Complaint before the XVII Additional Metropolitan Magistrate, City Criminal Courts, Nampally, Hyderabad. Petitioner & Respondent
g) Both the parties herein agree to close the pending litigations in the following manner:
i. The Respondent agrees for quashing of CC.No.111 of 2010 pending on the file of the Chief Metropolitan Magistrate-cum-Family Court, City Criminal Courts, Nampally, Hyderabad.
ii. Withdraw the complaint made by the Respondent as against the Petitioner filed as Crime No.130/2013 before the XVII Additional Metropolitan Magistrate, City Criminal Courts, Nampally, Hyderabad.
iii. The Petitioner & the Respondent herein without referring to and without admitting to the allegations made against each other in O.P.No.1281 of 2011, consents for grant of decree of divorce of their marriage which was solomonized on 01.12.1995 at Hotel Viceroy, Tank Bund Road, Hyderabad as a mutual consent.
iv. Both the parties herein without referring to and without admitting to the allegations made against each in O.P.No.218 of 2012, consents for grant of decree of divorce of their marriage which was solomonized on 01.12.1995 at Hotel Viceroy, Tank Bunk Road, Hyderabad as a mutual consent.
v. The Respondent agrees to get the decree of the suit as per the understanding referred to above in paras (c) referred to above as decree of compromise in respect of the Suit schedule mentioned properties.
h. In view of the understanding and consensus between the parties in regard to custody and guardianship of their minor children, it is mutually agreed that the respondent/mother will be the custodian and guardian of the minor children and the parties herein agrees for the following schedule for visitation rights of the petitioner in respect of children:
i. The Petitioner/Father is entitled to take the children to his place for two days in a month during school holidays/Saturday & Sunday. The Petitioner/Father shall pick the children up on the evening of the Second Friday every month and drop them back at their home on the Sunday evening of the same weekend.
ii. In the event that the children are unable to come on the days mentioned in clause (a) above on account of examinations, school work, etc., the Respondent/mother shall inform the Petitioner/Father of the same well in advance so as to mutually agree on another weekend in the same month and also to ensure that travel arrangements are made or changed with minimum loss of time and money.
iii. If in any month there is a long weekend for the children (3 days or more), the Petitioner/Father can bring the children with him, in lieu of his Right as mentioned in Clause (i) and (ii) above, subject to mutual understanding on this between the Petitioner and Respondent.
iv. During the schools' long vacation like summer, the Petitioner/Father and the Respondent/mother shall be entitled to have the company of the children at their respective places for 50% period of vacation each. For the purpose of convenience, the Petitioner/Father shall be entitled to have the company of children during the first half of such vacation.
v. For the purpose of Clause (h), both the parties shall keep in mind the better interests and future prospects of the children.
i) The parties herein shall ensure that both the children namely Ms.Anamika and Master.Riyaan shall endeavour to adhere to the above mentioned visitation schedule inorder to enable them to experience the love, care and affection of both the parents.
j) Both the parties herein doth hereby agree that they have exchanged between themselves all the articles, jewels, valuables and documents and further affirm that they do not have any articles of the other party with them and have no further claims against each other in any manner.
k) Save for the purpose of obtaining an order of the Court as set out at paragraph c 7 d hereof, the Petitioner and the Respondent agree that they will not initiate any proceedings against each other or against their family members in any manner in future.
l) Both the parties do thereby agree and undertake that neither them nor their family members will trouble, disturb or bad mouth against either other or their respective family members in any manner.
m) The parties herein without referring to/admitting to any of the allegations made in the present case against each other agrees and consents that the respondent herein to be appointed as the Guardian of both the minor children i.e., Ms.Anamika 9aged 16 years) and Master.Riyaan (aged 12 years) and thereby ensure that she shall be custodian and guardian and in all situations shall take care of their well being and better interest of the children.
n) In the event of any misunderstanding between the parties herein, both of them agree to resolve the same in the presence of common friends, elders and well-wishers.
o) Both the Petitioner and the Respondent have signed the present Memo of Compromise in the presence of the following witness and have appeared in person before this Hon'ble Court for the purpose of affirming what is stated in the Memo of Compromise and to get the same recorded as part and parcel of the orders to be passed by this Hon'ble Court."
2. This Original Petition is disposed in terms of the memo of compromise dated 16th April, 2015 entered into between the petitioner and the respondent. No costs.
16.04.2015 sl Note: Issue order copy on or before 20.4.2015.
V.RAMASUBRAMANIAN,J.
sl Original Petition No.144 of 2008 16.04.2015