Madras High CourtCMA(MD)/313/2017closed

Velu v. Palaniyappan,

2023-03-08Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR C.M.A(MD)No.313 of 2017 and C.M.P(MD) No.3642 of 2017

1. Velu S/o. Ponnusamy

2. Chidambaram S/o. Velu

3. Ponnuchamy S/o.Velu ..... Petitioners/ Petitioners -vs1. Palaniyappan

2. Minor Priyanga .... Respondents/ Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 47 of the Guardian and Wards Act, 1890, against the fair and decretal order dated 22.12.2016 in G.O.P.No.14 of 2013, on the file of the learned Principal District Judge, Pudukkottai.

For Appellants : Mr.R.Paranjothi 1/4

For Respondents : No appearance

J U D G M E N T

The present Civil Miscellaneous Appeal has been filed by the respondents in G.O.P.No.14 of 2013, challenging the order dated 22.12.2016.

2. The application under the Guardian and Wards Act was filed for having the custody of one minor Priyanga, who was born to one Selvi and Arumugam on 27.05.2004. The father of the said minor had passed away on 16.10.2007 and the mother of the minor had passed away on 02.12.2012. Thereafter, G.O.P was filed by the maternal uncle of the minor as against the paternal grandfather and his brothers.

3. The learned Principal District Judge, Pudukkottai, by order, dated 22.12.2016, had allowed the G.O.P.No.14 of 2013 and granted the custody in favour of the maternal uncle of the minor. The said order is under challenge in the present appeal.

4. A perusal of the birth Certificate of the minor indicates that the minor 2/4

Priyanga was born on 27.05.2004. Therefore, she had attained majority on 27.05.2022. Minor Priyanga is no longer minor and she is a major. The issue relating to the custody of the minor cannot be adjudicated at this point of time. Hence, nothing survives in this appeal for further adjudication. Accordingly, this Civil Miscellaneous Appeal stands closed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. 08.03.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The Principal District Judge, Pudukkottai.

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R.VIJAYAKUMAR,J.

ebsi C.M.A.(MD)No.313 of 2017 08.03.2023 4/4