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Madras High CourtOP/624/2021ordered

Anil D Wadhwa v. Nil

2022-02-17Honourable Mr Justice P. Velmurugan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 17th DAY OF FEBRAURY 2022 THE HON'BLE MR.JUSTICE P.VELMURUGAN O.P. No.624 of 2021 In the matter of the Guardian Wards Act, 1890 And In the matter of Minor Chetan.

Mr.Anil D Wadhwa S/o.Late Mr.Doulatram. T.Wadhwa, Flat No.8, 3rd Floor Plot No.170, New No.17, Old Door No.80, 2nd Street, F Block, Anna Nagar East, Chennai 102.

... Petitioner Original Petition praying that this Hon'ble Court may be pleased to a) that the petitioner be appointed or declared to be guardian of the person and property of the above named Minor Chetan. b) that the sum of Rs.3000/- a month be fixed for the maintenance and education of the minor c) that the said guardian be at liberty to invest any balance of the net income of the minor after payment of the said sum and the cost of this application.

This Original Petition coming on this day before this court for hearing in the presence of Mr.N.Nagu Sah, Advocate for the petitioner herein and upon reading the petition together with the declaration of willingness of Anil D Wadhwa, the petitioner herein accepting the office of Guardianship of the person of the minor above named filed herein, and the other exhibits therein referred to and upon perusing the evidence adduced therein, it is ordered as follows:- That Mr.Anil D Wadhwa, the petitioner herein be and is hereby appointed as the legal guardian of the minor Chetan, and his property morefully setout in the schedule hereunder during his minority or until further orders of this court.

2. That out of the minor's income, the petitioner/guardian appointed herein shall allocate sum of Rs.3,000/- per month for the maintenance and education of the Minor Chetan.

3. That the petitioner/guardian appointed herein shall be at liberty to invest any balance of the net income of the minor, after payment of any dues.

4. That the petitioner/guardian appointed herein be and is hereby also directed to execute a security bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) in favour of the Assistant Registrar (O.S.-II), High Court, Madras.

5. That there shall be no order as to costs of this original petition. WITNESS THE HON'BLE MR.JUSTICE MUNISHWAR NATH BHANDARI CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 17th DAY OF FEBRUARY 2022. Sd./- ASSISTANT REGISTRAR(O.S.II) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

KY 22.03.2022 O.P. No.624 of 2021 ORDER:- DATED: 17.02.2022 THE HON'BLE MR.JUSTICE P.VELMURUGAN FOR APPROVAL: 23.03.2022 APPROVED ON : 24.03.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2022

CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN O.P.No.624 of 2021 Anil D Wadhwa ... Petitioner Prayer:Original Petition is filed under Section 3,7 to 10 and 29 of Guardians and Wards Act 1890 and Order XXI Rule 2 and 3 of he Original Side Rules, prayed to pass orders that (a) the petitioner may be appointed or declared to be guardian of the person and property of the above named Minor Chetan. (b) the sum of Rs.3,000/- a month may be fixed for the maintenance and education of the minor © the said guardian may be at liberty to invest any balance of the net income of the minor after payment of the said sums and the cost of this application.

For Petitioner : Mr.N.Nagu Sah

O R D E R

Petitioner is the uncle of the minor Chetan. He has filed the present Original Petition for guardianship, since the parents of the Minor Chetan are no more and he is the only person to take care of him.

2. On 11.02.2022, this Court directed the petitioner to produce the minor Chetan. Today, when the matter is taken up for hearing, the minor Chetan is present before this Court. This Court made certain queries to the minor Chetan, in order to find out as to whether the Minor is happy in staying with the petitioner.

3. This Court is satisfied that the petitioner is the fit person to be appointed as a guardian for the Minor Chetan. Hence the Original Petition is ordered in the following terms:- (a) the petitioner is hereby appointed as guardian of Minor Chetan and also the property of Minor Chetan.

(b) Out of the minor's income, the guardian shall allocate sum of Rs.3,000/- per month for the maintenance and education of the Minor Chetan.

(c) The said guardian is at liberty to invest any balance of the net income of the minor, after payment of any dues.

(d) The petitioner is also directed to execute a security bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) in favour of the Assistant Registrar (O.S.-II), High Court, Madras. (e) There shall be no order as to costs.

Sd./-P.V.J.

17.02.2022 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.