BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.07 .2018
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
CMA(MD)No.551 of 2013
N.Ramesh Babu … Appellant
Santhanam … Respondent
Appeal filed under Section 47 of the Guardians and Wards Act, against
the judgment and decree made in G.W.O.P.No.94 of 2009 on the file of the
Principal District Court, Dindigul, dated 18.02.2011.
!For Appellant : Mr.H.Thayumanaswamy
^For Respondent : Mr.J.Gunaseelan Muthiah
The present appeal has been filed against the judgment and decree dated
18.02.2011 made in G.W.O.P.No.94 of 2009 on the file of the Principal
District Court, Dindigul.
2.The appellant married one Beaula Ananthi, who is the daughter of the
respondent herein. Out of the wedlock, a female child namely, Jeni Reshma
was born on 03.11.2007. While so, in a road accident, the said Beaula
Ananthi died. After the death of Beaula Ananthi, the female child was under
the custody of her maternal grandparent namely, the respondent herein. When
the appellant demanded custody of the child with him, the respondent refused
for the same. Hence, the appellant filed G.W.O.P.No.94 of 2009 on the file
of the Principal District Court, Dindigul, and the same was dismissed,
against which, the appellant has filed this appeal.
3.Today, a joint compromise memo dated 03.07.2018 has been filed by the
parties stating that they have amicably settled the issue on the following
terms and conditions:-
”a.The appellant/father will not disturb the respondent’s custody of
the minor child namely Jeni Rashma.
b.If the child is willing to visit the father’s house during her
minority, this respondent should not prevent the same.
c.After obtaining majority the child is entitled to decide with whom
she will reside.
d.The household articles belonging to deceased wife will be returned by
the appellant herein to the respondent within a week from today. The
respondent undertake to hand over the articles to the child on her attaining
majority and the child will be absolute owner of the said household articles.
e.If the appellant/father is prepared to take back the child, whenever
the child decides to reside or live with the father and the respondent should
not object to it.
f.In view of the above terms of compromise the C.M.A. may be closed.”
4.The appellant as well as the respondent shall adhere to the terms of
the joint compromise memo. In view of the joint compromise memo dated
03.07.2018 signed by the appellant, respondent and their respective counsel,
the present appeal is closed. No costs. The joint compromise memo shall
form part of the record.
The Principal District Judge,