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Mr.Anton Ananth Machado vs Ameeta Fernando on 28 February, 2020

O.P.No.748 of 2019
A.No.7144 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2020

CORAM

THE HONOURABLE Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY

O.P.No.748 of 2019

A.No.7144 of 2019

Mr.Anton Ananth Machado .. Petitioner

Vs

Ameeta Fernando .. Respondent

Original Petition filed under Sections 3, 7 to 10 25 of the
Guardians and Wards Act VIII of 1890 read with Rule 2 and 3 of
the Original Side Rules praying to appoint the petitioner himself
as the guardian of the person of the minor for his daughter Selvi
A. Sanjana Immaculate (aged about 11 years) by this Court and
grant permanent custody to the petitioner and to award the costs
of this petition.
For Petitioner :Mr.D.Ferdinand K.M.Aasim Shehzad

For Respondent :Ms.Aruna Ganesh

ORDER

This Original Petition is filed to appoint the petitioner as guardian

of the person of his minor daughter Selvi A.Sanjana Immaculate. At

the hearing today, the learned counsel for the petitioner and the

respondent submitted that the parties entered into a Memorandum of
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A.No.7144 of 2019

Compromise dated 28.02.2020.

2. The terms of the understanding are as follows:

1. The minor child-Selvi.Sanjana
Immaculate (aged about 11 years) shall
continue to be under the care and custody of
the Respondent-mother till the same is agreed
otherwise and as per the comfort and
requirement of the said minor child.

2. The Petitioner shall have visitation
rights over the minor child Selvi Sanjana
Immaculate (aged about 11 years) on every
alternate Saturdays from 05.00 p.m. To 08.00
p.m. Subject to her comfort and academic
commitments

3. The Respondent undertakes to drop
the children and pick them up at an agreed
venue, which can be communicated by e-mail
between the parties and the same shall be
done 2 days in advance.

4. Neither the Petitioner nor the
Respondent will have any objection for the
elder child namely Ms.Sheryl Carmelin (aged
about 19 years) at present pursuing her 1st
year in B.Sc., (Physchology) in Women’s
Christian College Chennai, accompanying the
Petitioner and the minor child during the
visitation scheduled.

5. In the event the minor child Selvi
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O.P.No.748 of 2019
A.No.7144 of 2019

Sanjana Immaculate (aged about 11 years) as
well as the elder child Ms.Sheryl Carmelin
(aged about 19 years) want to spend more
time with the Petitioner on any day other than
those fixed for visitation, the Respondent shall
not have any objection with regards the same
as long as the academic routine, health and
extra curricular activities of the children are
not affected.

6. The Respondent undertakes to co-
operate and assures that there shall not be any
kind of hindrance or hurdle from her for the
above visitation schedule.

7. The Petitioner has on this day paid a
sum of Rs.50,000/- (Rupees Fifty Thousand
only) to the Respondent as requested by her.

8. The Petitioner undertake to pay a sum
of Rs.18,500/- (Rupees Eighteen Thousand
Five hundred only) every month towards the
monthly and other miscellaneous expenses for
both the children. That part the Petitioner shall
pay a sum of Rs.40,0000/- (Rupees Forty
thousand only) the Children’s expenses for one
academic year.

9. Both the Petitioner and Respondent
undertake that they shall not in any manner
coerce or emotionally blackmail both the
children to submit to their respective demands.

10. Both the Petitioner and Respondent

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undertake to make all efforts to ensure that

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A.No.7144 of 2019

both the children are provided the best of love,
care and parental affection taking into
consideration their welfare, future and well-
being.

11. The above understanding is valid for
a period of 6 months from now on and the
same shall be re-worked in the month of
September, 2020.

12. The above terms can be recorded in
the present petition, with liberty to the
Petitioner to revive the present petition or file a
fresh petition at a later point of time.

13. The present MOC is signed and
recorded in 3 copies, one copy to be retained
by both the parties and the other will be filed
into court.

3. As per the terms of the said compromise, the minor child shall

continue to be in the care and custody of the respondent/mother.

However, the petitioner shall have visitation rights on every alternate

Saturday from 05.00 p.m. to 08.00 p.m. In addition, the parties

agreed to the payment of Rs.50,000/- by the petitioner to the

respondent and the receipt of the said sum is acknowledged in the

memorandum of compromise. In addition, the petitioner undertook to

pay a sum of Rs.18,500/- p.m. towards monthly and other

miscellaneous expenses for both the children. More over, the

petitioner agreed to pay a sum of Rs.40,000/- for expenses of the

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O.P.No.748 of 2019
A.No.7144 of 2019

children for one academic year. It is specified in paragraph-11 that

the memorandum of understanding is valid for a period of six months

and would be re-worked in the month of September, 2020.

4. I find that there is no impediment to record the said

statement and to dispose of this petition in terms thereof. Accordingly,

O.P.No.748 of 2019 is disposed of in terms of the Memorandum of

Compromise dated 28.02.2020, which shall form an integral part of the

order. Both the parties are granted leave to re-apply if required. Both

the parties are directed to comply strictly with the terms of the

Memorandum of Compromise. Consequently, connected miscellaneous

petition is closed.

28.02.2020

kal

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O.P.No.748 of 2019
A.No.7144 of 2019

SENTHILKUMAR RAMAMOORTHY, J

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O.P.No.748 of 2019

A.No.7144 of 2019

28.02.2020

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