Joyce Deva Sneha v. S.Harinath

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Mrs.Joyce Deva Sneha ... Petitioner Vs.

S.Harinath

...Respondent

PRAYER: Original Petition filed under Section 3,7,8,9,10 & 25 of Guardian and Wards Act, 1890 read with Order XXI Rule 2 & 3 of O.S.Rules read with Clause 17 of Letters Patent Act, praying for a) That the Petitioner may be granted Permanent Custody of the Minor Girl Child namely Jenisha Clementeena born on 23.04.2009 who is presently aged 14 years.

b) That the petitioner may be appointed as the sole and Legal Guardian of the person of the Minor Girl Child namely Jenisha Clementeena born on 23.04.2009 who is presently aged 14 years.

c) That this Hon'ble Court may pass such further or any orders as this Hon'ble Court may deem fit and proper to the facts and circumstances of the case and thus render justice.

For Petitioner : Ms.Rohini Ravikumar For Respondent : Mr.R.Lokesh

ORDER

The petition is filed by the mother of the minor child for a declaration that she is the sole guardian of the child and also seeking permanent custody.

2. Heard Ms.Rohini Ravikumar, learned counsel for the petitioner and Mr.R.Lokesh, learned counsel for the respondent.

3. The petitioner being the mother of the child, had moved this Court in the instant petition, seeking for permanent custody of the minor child and also seeks herself to be appointed as sole and legal guardian of the minor child.

4. When the matter was taken up today for hearing, the respondent was present before this Court.

5. The learned counsel appearing on behalf of the respondent had filed a consent affidavit of the respondent, expressing his desire to give up all his rights about the minor child including the guardianship and visitation of the minor child in the future.

6. This Court had called upon the respondent, who was present before this Court as to whether the affidavit had been filed by him, to which he had affirmed that the affidavit had been filed by him.

7. In view of the same, this Court do not find any impediment in granting the relief as prayed for by the petitioner.

8. In fine, the Original Petition is allowed. The petitioner/mother is appointed as the sole guardian of the person and property of the minor female child Jenisha Clementeena. The petitioner is also granted with the permanent custody of the minor child.

14.02.2025 kak Index :Yes/No Speaking order: Yes/ No

K.KUMARESH BABU, J.

kak 14.02.2025