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A.No.9759 of 2018
in
O.P.No.860 of 2016
K.KALYANASUNDARAM.,J
This application has been filed seeking a direction to the respondent
to hand over the Passport of the minor child Shivdevan to the applicant, to
enable her to take her son to Malaysia, during Christmas vacation.
2. Heard Mr.K.Raja, learned counsel for the applicant and
Mr.S.Santhosh Kumar, learned counsel for the respondent and perused the
materials available on record.
3. The Original Petition No.860 of 2018 has been filed by the
applicant to appoint her as a guardian to the minor child. It seems that
during the pendency of the petition, the applicant filed O.A.No.1034 of
2016, seeking interim injunction. This Court granted an order of interim
injunction dated 18.11.2016, which was also confirmed by the Division
Bench of this Court in O.S.A.No.263 and 264 of 2017, dated 23.07.2018.
Admittedly, now the minor child is with the applicant and the passport of
the minor child is in the custody of the respondent.
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K.KALYANASUNDARAM, J.
ms/rri
4.The learned counsel for the respondent vehemently opposed the
application contending that the applicant is a highly qualified graduate and
under the guise of taking the child for Christmas vacation, she will
permanently settle in abroad.
5. When the matter was listed on 19.12.2018, the leaned counsel for
the applicant sought time to file an affidavit of undertaking that the
applicant would come back to India on or before 31.01.2019 and she will
handover the Passport to the respondent. The Affidavit of undertaking of
the applicant dated 20.12.2018 has been filed today and the same is taken
on file.
6.In the right of above facts, the respondent is directed to handover
the Passport of the minor child to applicant forthwith to enable the
applicant to take her minor child to abroad. It is made clear that the
undertaking given in the affidavit shall be complied scrupulously.
20.12.2018
ms
A.No.9759 of 2018
in O.P.No.860 of 2016
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