Ms. Maria Abbas Khetty v. Mrs.Zainab A (Died)
A NO. 1683 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-04-2025
CORAM
THE HONOURABLE MR JUSTICE K.KUMARESH BABU A NO. 1683 of 2025 in O.P.No.467 of 2024 Ms. Maria Abbas Khetty D/o.Abbas Khetty, No.38, 2nd Floor, Sembu Doss Street, Mannady, Chennai 600001.
Applicant(s) Vs Mrs.Zainab A (Died) W/o.Abbas Khetty, Old Door no.2/271 and New Door No.120. Lingu Chetty Street, Chennai 600 001.
Respondent(s) For Applicant(s):
Dr. G. Krishnamurthy For Respondent(s):
ORDER
The Learned Counsel for the Applicant would submit that the mother of the minor, who was appointed as a Guardian, had died on 21-10-2024, and in support of the same, he had also produced the Death Certificate issued by the Greater Chennai Corporation.
2. He would also submit that the present applicant is the elder sister of the minor, who is the only sole surviving legal heir along with the father and mother of the deceased guardian. Therefore, he would request this Court to substitute the applicant in the place of the deceased Guardian appointed by this Court in its order dated 29-10-2024.
3. It is to be noted that the petitioner in O.P.No.467 of 2024 had passed away even before the order was passed, appointing her as guardian of the minor. The Court had after elaborately discussed with various documents, which have been filed as Ex.P1 to Ex.P11, had found that the original petitioner is entitled to be appointed as a Guardian of the minor child. The shares of the respective parties have also been delineated by this Court in its order dated 29-10-2024, wherein the applicant herein was also given a share by taking into account she to be the daughter of the deceased father.
4. In view of the evidence that had been already on record, I do not find any impediment in permitting the applicant to be substituted as the Guardian of the minor child in place of the original petitioner.
5. In fine, the application in A.No.1683 of 2025 in O.P.No.467 of 2024 stands ordered as prayed for and the applicant is appointed as Guardian of the Minor Amatullah Abbas Khetty on the same terms made in the order dated 29-10-2024.
08-04-2025 (1/2) kak To
1. Mrs.Zainab A (Died) W/o.Abbas Khetty, Old Door no.2/271 and New Door No.120. Lingu Chetty Street, Chennai 600 001.