M.Mangaleswari v. E.Geetha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.04.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU M.Mangaleswari

...Petitioner

vs.

E.Geetha

...Respondent

PRAYER: Original Petition filed under Sections 7, 8, 10 and 25 & 29 of Guardians and Wards Act 1890 read with Order XXI Rule 2 & 3 of Rules and Clause XVII of Letters Patent Act, prayed that this Hon'ble Court may be pleased to appoint the petitioner herein (a) as Legal Guardian of the above person named minor Vishaagan. (b) Permit the petitioner to receive the monies and properties from the various sources as mentioned in the schedule. (c) Permit the petitioner to invest or deposit the said amounts in any Nationalised Bank or in any gainful mode or manner which secure the interest of the minor child Vishaagan and (d) Pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice. 1/5

For Petitioner : M/s.R.Aparna For Respondent : M/s.K.Jamuna

ORDER

This Original Petition has been filed to appoint the petitioner as Legal Guardian of Minor Vishaagan; to permit the petitioner to receive the monies and properties from the various sources as mentioned in the schedule and to permit the petitioner to invest or deposit the said amounts in any Nationalised Bank or in any gainful mode or manner which secure the interest of the minor child Vishaagan.

2. The petitioner is the Maternal grandmother and the respondent herein is the Paternal grandmother. The father of the minor had died due to a road accident on 24.05.2023 and unable to bear the grief, the mother of the minor also died on 12.06.2023. The minor is in the care and custody of the petitioner. Hence, she had sought for herself to be appointed as a legal guardian of the Minor Vishaagan and also permit to receive the monies and properties from the schedule indicated claims with further permission to invest/deposit the said amounts in any Nationalised Banks in the interest of the minor.

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3. When the matter was taken up today, Ms.K.Jamuna, learned counsel appearing for the respondent by placing an affidavit of the respondent dated 20.03.2025, would acknowledging the averments made in the petition and also unequivocally recorded no objection on the side of the respondent to appoint the petitioner as Legal Guardian.

4. The said affidavit filed by the respondent is taken on record.

5. In view of the consent given by the respondent, this Court finds no impediment in ordering the petition as prayed for.

6. In fine, the petitioner is entitled to the relief claimed on the following terms:

(i) The petitioner is appointed as guardian of the person and property of the minor Vishaagan.

(ii) The petitioner to permitted to receive the monies and properties from the various sources as mentioned in the schedule. (iii) The petitioner is permitted to invest or deposit the said amounts in any Nationalised Bank or in any gainful mode or manner which secure 3/5

the interest of the minor child Vishaagan and (iii) File before this Court the accounts as regards to the transaction pursuant to this order and produce the copy of the Fixed Deposit receipts within six months before the Assistant Registrar (Original Side-II) of this Court.

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K.KUMARESH BABU,J.

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