DOROTHY THOMAS Vs. REX ARUL

JUDGEMENT

(1.) Pending suit for a declaration that the final order dated 1.11.2010 passed by the Superior Court of Cobb County, State of Georgia, USA in Civil Action File No. 10-1-8238-48, to the extent that it deals with issues of custody of the minor child Rhea Immaculate Arul, aged about 4 years is inconclusive, unenforceable, null and void and not binding on the plaintiff and the minor child and for consequential decrees of permanent injunction, the plaintiff, who is the mother of the minor child, came up with 3 applications, viz., (i) O.A. No. 191 of 2011 seeking an interim order of injunction restraining the respondent - father from in any manner seeking to enforce the said order of the Superior Court of Cobb County, State of Georgia, in so far as the custody of the minor child is concerned (ii) O.A. No. 192 of 2011, seeking an interim order of injunction restraining the defendant from in any manner publishing any defamatory or derogatory material, lowering the reputation of the plaintiff in the eyes of the right minded persons and (iii) A. No. 1220 of 2011, seeking a stay of operation of the final order dated 1.11.2010, passed by the Superior Court of Cobb County, State of Georgia, U.S.A., in Civil Action File No. 10-1-8238-48.

(2.) On 28.2.2011, when the above applications were moved for ad interim ex parte orders, I granted an order of interim injunction in favour of the applicant/plaintiff in O.A. No. 191 of 2011. In the other two applications, notice was ordered. After service of notice, the defendant came up with a counter in O.A. No. 191 of 2011 along with a set of documents and both parties agreed to argue O.A. No. 191 of 2011 in the first instance, since it concerned the custody of a minor child aged 4 years.

(3.) Therefore, O.A. No. 191 of 2011 was taken up for hearing and I have heard Mr. J. Sivanandaraj, learned counsel appearing for the applicant/plaintiff and Ms. A. Arulmozhi, learned counsel appearing for the respondent/defendant.