← Library
Madras High CourtOP/271/2022allowed

Sasikala Sathiyanarayanan v. Nil

2022-11-21Honourable Mr Justice C.V. Karthikeyan3 pages

O.P. No. 271 of 2022 C.V.KARTHIKEYAN, J.

The petition is filed under Sections 3, 7 to 10 and 29 of the Guardians and Wards Act read with Order XXI of the High Court of Madras Original Side Rules 1956, to appoint the petitioner herein as Guardian of Aruna Sai, minor, born on 07.10.2005

2. The petitioner is the sister of the mother of the minor. The mother of the minor L. Kirupa, died on 14.06.2019. The father of the minor, S.C. Murali, died on 18.10.2021. The petitioner has been taking care of the minor even from an young age. The minor is studying in a School at Chennai, residing with the petitioner. She is in custody of the petitioner.

3. The petitioner was directed to tender evidence. The petitioner examined herself as P.W.1. The birth certificate of the minor was marked as Ex. P1, The School Certificates of the minor were marked as Exs.P2, P3 and P4. Exs. P3 and P4 are the xerox copy of the school certificates. However since the contents are not disputed, the same are taken on record. The death certificate of the mother of the minor and the death certificate of 1/3

the father of the minor were marked as Exs. P7 and P9. The legal heirship certificate of the mother of the minor was marked as Ex. P8. The documents relating to the properties, to which, the minor is entitled were marked as Exs.P10, P11 and P12.

The guideline value of the two items were marked as Exs.P13 and P14. The declaration of willingness to accept the office of guardian of the person and the property of the minor, were marked as Ex.P15. The husband of the petitioner was examined as P.W.2. He filed an affidavit indicating willingness to take minor in custody and that he has no objection for the appointment of his wife as guardian of the minor.

4. In view of the reasons stated, the petition stands allowed. The petitioner is appointed as guardian of the minor child Aruna Sai, who was born on 07.10.2005, both with reference to person and the property of the minor.

21.11.2022 mrn C.V.KARTHIKEYAN, J.

2/3

(mrn) O.P. No. 271 of 2022 21.11.2022 3/3