Minor G.N.Nalan v. M.Selvi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2025

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Minor G.N.Nalan Rep. by his Grandmother C.Valarmathi ... Petitioner Vs.

M.Selvi ... Respondent Prayer:

Petition filed under Article 227 of the Constitution of India praying to set aside the order returning the petition dated 09.04.2025 in un-numbered GWOP No. of 2025 in S.R.No.1245 of 2025 on the file of the District Judge, Kanchipuram directing the Court below to number the petition filed in Un-numbered GWOP No. of 2025 in S.R.No.1245 of 2025 on the file of District Judge, Kanchipuram. For Petitioner : Mr.Pon Gowtham Kumar for M/s.Pon Law Associates For Respondent : No Appearance

O R D E R

Challenging the order of the trial Court returning the petition filed under the Guardian and Wards Act, the present revision is filed. 1/3

2.The revision petitioner filed petition under Sections 7, 8 of Guardian and Wards Act. She stated to be the paternal Grandmother of the minor child. The respondent is the maternal Grandmother. Admittedly, the parents of the children are no more. Now the Grandparents are fighting for custody.

3.Be that as it may. The trial Court has returned the petition questioning the jurisdiction and other aspects and minute detail of the death certificate etc. This Court is of the view that the trial Court need not insist the minute details at this stage. It is for the respondent to contest the matter on merits.

4.In such view of the matter, the trial Court is directed to take the petition filed for Guardianship and decide the said petition on its own merits. The civil revision petition is allowed. No costs. 23.06.2025 pri Note: Registry is directed to return the original petition and return sheet, if any, to the learned counsel appearing for the petitioner Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 2/3

1.The District Judge, Kanchipuram.

N.SATHISH KUMAR,J.

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