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O.P.No. 483 of 2022

C.V.KARTHIKEYAN, J.,

This Petition has been filed under Section 26 of the Guardian and

Wards Act, 1890 read with Order XXI Rule 1 of the Original Side Rules of

the Madras High Court by the mother of the minor child Carice Miriam

Wilkins, who was born on 15.05.2018, seeking a declaration that the

petitioner / mother is the guardian by the minor child Carice Miriam

Wilkins and to grant permission to the petitioner to remove the said minor

child from the jurisdiction of this Court to Melbourne Australia or to any

other country for the duration of the visa applied for even in the absence of

consent of the respondent/father.

2.

In the petition it had been stated that the petitioner Candice

Antonette Wilkins and the respondent Joseph Prince Heiden were married

on 01.06.2013 at Our Lady of Lourdes Shrine, Perambur, Chennai – 600

001 as per Christian Customs. The marriage was however dissolved by an

order dated 05.02.2020 in O.P.No. 246 of 2020 by the II Additional Family

Court at Chennai. The order was passed under Section 10(A) of the Indian

https://www.mhc.tn.gov.in/judis

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Divorce Act and it had been very specifically st