Madras High Court
Athiveeraramar Pandian vs R.Poosathurai on 12 October, 2017
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.10.2017
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
C.M.A(MD)No.1568 of 2006
and
M.P.(MD)No.2 of 2006
1.Athiveeraramar Pandian
2.Rameswari ... Appellants/ Respondents
Vs.
R.Poosathurai ... Respondent/Petitioner
PRAYER:- Civil Miscellaneous Appeal filed under Section 47 of Guardian and
Wards Act 1890, against the order dated 17.08.2005 passed in G.W.O.P.No.119
of 2003 by the Hon'ble I-Additional District Judge, Tirunelveli.
!For Appellants :M/s.Porkodi Karanan
^For Respondent :Mr.M.Sathia Moorthy
:JUDGMENT
This Civil Miscellaneous Appeal has been filed by the Athiveeraramar Pandian and Rameswari under Section 47 of Guardian and Wards Act 1890, against the order dated 17.08.2005 passed in G.W.O.P.No.119 of 2003 by the I- Additional District Court, Tirunelveli.
2.The brief facts of the case:-
One Chellathai and Poosathurai were married on 12.09.1999 and due to wedlock one male child, namely, Abishek was born on 11.08.2000. After two years of the child birth the said Chellathai died on 15.05.2002 and then Poosathurai, who is the natural guardian of the child, took custody of the minor child as per the order in G.W.O.P.No.119 of 2003, on the file of the I- Additional District Judge, Tirunelveli and till date the boy is in care and custody of his father. Aggrieved by the order passed in G.W.O.P.No.119 of 2003, the grandparents/appellants herein had filed C.M.A.(MD) No.1568 of 2006 before this Court seeking to set aside the said order.
3.When the matter was listed today the learned counsel for the appellants and respondent have filed memo to close the present C.M.A.(MD) No.1568 of 2006 by considering the fact that the minor Abishek is on the verge of attaining majority and 18 years is running for the said boy.
4. Now it is seen from the memo that the child Abishek is studying in Higher Secondary course (+2) and residing with his natural guardian and there is a cordial relationship between the appellants and the respondent. The minor Abishek is also frequently visiting and spending his time in both the grandparents house.
5.Since the said Poosathurai, who is the father of Abishek, is working in aboard, the case was contested by power of attorney Rajaram Pandian, who is none other than the paternal grandfather.
6.When the matter came up on 06.10.2017 both the parties agreed to file a memo to close the present Civil Miscellaneous Appeal and the same has been filed and produced before this Court.
7.In view of the above memo, this Court has come to the conclusion that there is no point in continuing this litigation, since it has become infractuous as on date. The child is happily residing with his father and both grandparents. Accepting this memo the C.M.A.(MD) No.1568 of 2006 is disposed of. No Costs. Consequently, connected miscellaneous petition is closed.
To
1.The Learned I-Additional District Judge, Tirunelveli.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
.