GIGIN @ KARPAGAVALLI Vs. CHRIS JAFFER GURU ALIAS GURURAJAN

JUDGEMENT

(1.) The petitioner, who is the mother of minor child Deekshali G @ Adhiraah, has come forward with this Original Petition seeking to appoint her as the guardian as a person of the minor child and to permit her to apply visa for the minor child, without consent of the respondent, as the mother/guardian and custodian of the minor child and to take the minor child abroad along with her.

(2.) The petitioner had married the respondent on 28.10.2012. Out of wed lock the minor child was born on 29.12.2014. Due to the misunderstanding between them, the marriage came to be dissolved by mutual consent and the decree of divorce was passed on 06.11.2017 by the Principal Judge, Family Court, Chennai, in OP No.1055 of 2017. As per the order, the petitioner has given up the claim for maintenance for herself and the minor child. Subsequently, a Original Petition came to be filed in this Court, as regards the custody of the minor child, a memorandum of compromise was entered into between the parties on 20.03.2017, in and by which, the respondent husband/father of the child was given a right to visit the child, on any two Saturdays, for one hour between 5.00 pm to 6.00 pm, at the designated place.

(3.) The father of the minor child had filed OP No.879 of 2016 seeking permanent custody of the minor child. The said Original Petition came to be disposed of by this Court based upon the memorandum of compromise entered into between the parties on 20.03.2017. The visitation rights were confirmed. The memorandum of compromise was also formed part of the order. It is in this background, the petitioner has come forward with this Original Petition, seeking her as the guardian of the person of the minor child and permit her to apply for visa for the minor child, without consent of the father, to take the minor child with her to abroad.