IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.06.2024 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Civil Miscellaneous Appeal No.972 of 2024 and C.M.P.No.9049 of 2024 N.Suresh S/o.C.M.Nallusamy ... Appellant Vs.

B.Usharani D/o.Balasubramanian ... Respondent Civil Miscellaneous Appeal filed under Section 47 of the Guardian and Wards Act, 1890, against the order dated 05.04.2024 passed in G.O.P.No.40 of 2023 on the file of learned Principal District Judge, Thiruvarur.

For Appellant : Mr.J.Rajmohan For Respondent : Mr.G.Karthik *****

JUDGMENT

This appeal has been filed against the judgment and decree passed by the learned Principal District Judge, Thiruvarur, in G.O.P.No.40 of 2023, dated 05.04.2024, dismissing the petition filed by the appellant seeking for appointing him as the guardian of the minor child.

2. Heard Mr.J.Rajmohan, learned counsel for appellant and Mr.G.Karthik, learned counsel for respondent.

3. During the pendency of this appeal, the parties, who are husband and wife, were able to reach an amicable settlement and they jointly filed a Joint Compromise Memo dated 18.06.2024 before this Court, which has been signed by both appellant and respondent and their respective counsel. The relevant portions in the compromise memo are extracted hereunder:

(i) The minor male child viz Krithik will continue to live with the respondent/mother under her custody.

(ii)The Appellant has agreed to give Rs.10,000/- (Rupees Ten Thousand only) per month for the expenses of the respondent and the minor child Krithik. The appellant will credit the said amount of Rs.10,000/- (Rupees Ten Thousand only) to respondent/mother's bank account on or before 5th of the every month.

(iii)The minor Krithik will continue his education in the best School where the respondent/mother decided to reside.

(iv)The appellant/father will bear the cost of all the education and the medical expenses of son minor Krithik without any conditions.

(v)The appellant/father as a responsible father is allowed to visit minor Krithik School and get updates on the academic progress and status of minor Krithik.

(vi)The appellant/father is allowed to meet minor Krithik for

2 days (preferably on Saturday and Sunday or any school holidays), once in 2 weeks and take him out in and around Thiruvarur as per his convenience and wish.

(vii)The appellant/father is also allowed to take minor Krithik with him to his native place (i.e.,) Attur (Salem District) once in 2 months for 2 or more days based on school holidays without disturbing the education of minor child Krithik.

(viii)The appellant/father will take minor Krithik to his native for 50% of summer vacation (as per respondent choice first half or second half in a month) and exam holidays in school where minor Krithik is studying. The appellant/father is also allowed to take minor Krithik to any Temples or any other vacation spots during these holidays.

(ix)Whenever the Appellant/Father takes minor Krithik Outside for One or More days the welfare of the Child, the Mother's/respondent shall accompany with Child minor Krithik. The expenses for both Child and Mother/Respondent will be the appellant's cost.

(x)The appellant/father shall take minor Krithik to his native to celebrate key festivals such as Deepavali, Pongal, in alternate years.

(xi)The father's/appellant will be allowed to visit, meet his son Minor Krithik during Birthday, Sports, Any Cultural events in School etc.

(xii)Apart from the above, th appellant/father shall take the minor Krithik with him to his native or to his relative place for any good or bad that happens at the appellant/father's side or his close relatives."

4. At the time of hearing, both the appellant and the respondent along with the child were present in person. They confirmed the fact that they entered into a compromise taking into consideration the welfare of the child. It was further stated that sincere attempts are also being made to see if the appellant and the respondent are able to rejoin and live