Minor v.
P.VELMURUGAN, J., This petition has been filed under Sections 3, 7 to 10 of the Guardianship and Wards Act 1890 r/w Order XXI Rule 2 & 3 of O.S.Rules praying to appoint the petitioner herein as the guardian of a minor child K.Shravathi.
2.The petitioner is the brother of the deceased Karthikeyan. The deceased Karthikeyan and his wife Lavanya died on 26.8.2017 at M-1 Southbound, Junction 14, Milton Keynes, U.K., leaving behind their minor daughter Shravathi. The deceased and his family are ordinarily resided at Chennai and during the month of January, 2017, the deceased was deputed to work in Nottingham (U.K) and hence, he travelled to U.K along with his wife Lavanya and his minor daughter Shravathi. The petitioner's parents, who are the grand parents of the minor child are aged persons and hence, it is the duty of the petitioner and his wife to take care of the minor child Shravathi along with their two minor children. Further, as per the Hindu Customs, the minor child Shravathi is the daughter of the
petitioner.
3.The petitioner is a Software Engineer and receiving salary of a sum of Rs.1.70 lakhs per month and his wife is also a Software Engineer, presently working from home, in order to take care of the minor children and also the financial position of the petitioner is good and stable. 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 G-4, Aashiana Apartments, Venus Colony, 2nd Street, Alwarpet, Chennai - 18 within the jurisdiction of this Hon'ble 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.The petitioner, who examined himself as P.W.1 and filed the following documents viz., Exs.P1 to P9 :
Ex.P1 is the computer generated birth certificate of minor K.Shravathi.
Ex.P2 is the photocopy of the Accident Report of
Karthikeyan dated 05.09.2017, along with a letter dated 06.09.2017 issued by The High Commission of India, London (Compared with the originals).
Ex.P3 is the photocopy of the Accident Report of Lavanya Lakshmi dated 05.09.2017, along with a letter dated 06.09.2017 issued by The High Commission of India, London (Compared with the originals).
Ex.P4 (series 2 Nos.) are the certified copies of the legal heirship certificates in respect of Karthikeyan and Lavanyalakshmi.
Ex.P5 (series 2 Nos.) are the printouts of flight electronic tickets.
Ex.P6 is the photocopy of the school fee receipt dated 23.10.2017 (Compared with the original).
Ex.P7 is the computer generated Telephone Bill dated 06.04.2018.
Ex.P8 (series 2 Nos.) are the photocopies of the school fee receipts both dated 10.04.2018 (Compared with the original).
Ex.P9 is the declaration of willingness.
4. Considering the averments contained in the petition and the oral
and documentary evidence let in, I am satisfied that the petitioner is fit and proper person to be appointed as Guardian of the minor child. Accordingly, this petition is ordered. The petitioner shall execute a necessary Bond in accordance with the Rules.
16.02.2022 ms
P.VELMURUGAN, J., ms 16.02.2022