J.Shridevi v. G.Subramanian

P.VELMURUGAN, J., This petition has been filed under Sections 3, 7 to 10, 12, 17 & 25 of the Guardianship and Wards Act 1890 r/w Order XXI Rules 2 & 3 of Original Side Rules praying to appoint the petitioner herein as the guardian of her minor child S.Varsha.

2. The marriage of the petitioner and the respondent is solemnised on 30.08.2007. Due to matrimonial disputes, the petitioner left her matrimonial house in the month of November 2011 and out of the wedlock, the minor child S.Varsha was born on 22.12.2011. The respondent used to come to the petitioner's house and visit the minor child as and when he wants and whenever he came, he scolded the petitioner and her parents in filthy language. In this regard, the petitioner gave complaints before (a) the protection officer, Domestic Violence and (b) All Women Police Station, Guindy and as instructed by All Women Police Station, Guindy, the petitioner used to show the child to the respondent on 1st Sunday of every month at Guindy National Park. Thereafter also, the respondent scolded the petitioner and her parents in filthy language. The marriage of the petitioner

and the respondent was also dissolved on 25.05.2016. Therefore, the petitioner has filed this petition for appointing herself as a guardian of the minor child S.Varsha and also for grant of permanent custody of the minor to herself.

3.The petitioner is a Manager of City Bank and earning sufficient income to offer proper education and good health. The financial position of the petitioner is good and stable to take care of the minor child. Therefore, in the interest of the welfare of the minor child that the petitioner may be appointed as the legal guardian, who is ordinarily residing at Flat No.1021, Appaswamy Mapleton Apartments, 45, Velacherry-Tambaram Main Road, Pallikaranai, Chennai - 600 100 within the jurisdiction of this Court. It is further stated that no guardian for the minor has been appointed by any person and no application has at any time been made to this or to any other Court with respect to Guardianship of a minor child.

4. Before the learned Master, the petitioner examined herself as PW1 and filed the following documents which have been marked as Ex.P1 to Ex.P6 :

Exhibits Nature of documents P1 Petitioner's Original Marriage Invitation P2 Computer generated birth certificate of her minor daughter S.Varsha P3 Photocopy of the Police Complaint dated 02.11.2014 P4 Photocopy of the CSR dated 04.11.2014 P5 Photocopy of he Divorce order dated 25.05.2016 in O.P.No.3719 of 2015 passed by the I Additional Family Court, Chennai P6 Photocopy of the petitioner's Aadhaar card

5. Considering the averments contained in the petition and the oral and documentary evidence let in, this Court is satisfied that the petitioner is fit and proper person to be appointed as Guardian of the minor child S.Varsha. Accordingly, this petition is ordered. The petitioner shall execute a Guardian Bond in accordance with the Rules. 18.02.2022 nl

P.VELMURUGAN, J., nl 18.02.2022