J.Preyanka Sree v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2025 CORAM :

THE HONOURABLE MR.JUSTICE P.DHANABAL J. Preyanka Sree D/o. Jayachandran ... Petitioner PRAYER: Original Petition is filed under Section 3, 7 to 10 and 29 of the Guardians and Wards Act, 1890 read with Order XXI Rule 2 and 3 of the Original Side Rules praying to appoint the petitioner as the guardian of the person and property named J. Veda Sree and to receive the family pension on behalf of the minor and expend the same for the welfare of the minor. For Petitioners :

Mr. C. Jeyachandran

ORDER

This petition has been filed under Section3, 7 to 10 and 29 of the Guardians and Wards Act, 1890 read with Order XXI Rule 2 and 3 of the Original Side Rules.

Page No.1 of 7

2. According to the petitioner, J. Veda Sree is a minor aged about 16 years and she is under the care and custody of the petitioner. The pensioner / father of the minor child namely T. Jayachandran, who was the Railway employee, died on 30.06.2015 and his wife Mrs. Lakshmi Jayachandran, family pensioner, who is the mother of the minor child, expired on 11.05.2023. The father of the minor child worked in the Railway Department from 01.01.1984 to 30.06.2015 and after his demise, the mother of the minor child was receiving the family pension. Now, the minor child is under the care and custody of the petitioner, who is the sister of the minor child. Therefore, she is fit and proper person to be a guardian of the minor child. Hence this pettion.

3. After filing of this petition, paper publication was effected and no any objection from any party. Thereafter, the matter was posted for examination of witnesses. On the side of the petitioner, PW1 was examined Page No.2 of 7

and Ex.P.1 to Ex.P.6 were marked.

4. This Court also perused the evidence and the entire records.

5. As per the evidence of PW1 and the documents Ex.P.1. to Ex.P.6, the parents of the minor child are no more. The father of the minor child, who worked in the Railway Department and after his demise, the mother of the minor child was receiving the family pension and the petitioner is the sister of the minor child and the minor child is now under the care and custody of the petitioner. The petitioner has no adverse interest against the minor child. Therefore, she is the fit person to be appointed as a Guardian to the person and to receive the family pension on behalf of the minor child.

5. With the above said observations, this original petition is allowed. The petitioner namely J. Preyanka Sree, sister of the minor child, is appointed as a Guardian to the person and property of the minor child namely J. Veda Page No.3 of 7

Sree and the petitioner is permitted to receive the family pension on behalf of the minor child J. Veda Sree and expend the same for the welfare of the minor.

02.09.2025 Index :

Yes/No Speaking Order :

Yes/No mjs List of Petitioner side Witnesses:

PW1 :

Ms. J. Preyanka List of Petitioner side Documents:

Ex.P.1.

:

Online copy of the Birth Certificate of J. Veda Sree dated 28.03.2025 (Date of Birth : 05.02.2009). Ex.P.2.

:

Photocopy of the pension details of Jayachandran, PPO No.20157060200658 dated 20.12.2023.

Ex.P.3.

:

Online copy of the Death Certiticate of petitioner's father T. Jayachandran dated 23.06.2023 (Date of Death: 07.05.2019).

Ex.P.4.

:

Online copy of the Death Certificate of petitioner's Page No.4 of 7

mother Lakshmi Jayachandran dated 20.06.2023 (Date of Death: 11.05.2023).

Ex.P.5.

:

Online copy of the Legal Heir Certificate of petitioner's mother Lakshmi T. Jayachandran dated 08.07.20-23.

Ex.P.6.

:

Photocopy of the Aadhar card of J. Preyanka Sree. Page No.5 of 7

P.DHANABAL.,J mjs Page No.6 of 7

02.09.2025 Page No.7 of 7