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2003 Supreme(Mad) 72

S.JAGADEESAN, D.MURUGESAN
M. K. Hari Govindan – Appellant
Versus
A. R. Rajaram – Respondent


Advocates Appeared:For the Petitioner:Mr.K.P. Gopalakrishnan, Advocate. For the Respondents:Mr.P. Jyothimani, Advocate.

Judgment :-

S. Jagadeesan, J.

The appeal is against the order of the Family Court, Madurai dated 9.10.2001 in G.W.O.P.12 of 1998. The respondent herein filed the said O.P for appointing himself as the guardian of the person of his grand daughter minor Adharsha. The respondent is the maternal grand father of the said minor who was born on 20.11.1992. The appellant herein is none other than the paternal grand father of the minor. It is an admitted case that both the parents of the minor are no more. The mother died on 7.8.1995 due to the fire accident occurred on 17.6.1995. The father of the minor died on 11.5.1997.

2.It is the case of the respondent that the minor was all along under the custody of the respondent and he is seeking the relief of appointing himself as the guardian of the person and not in respect of the properties of the minor. The minor is being taken care of by himself and if the minor is separated at this stage, it may be adverse to the interest and welfare of the minor. His further case is that both the mother and father of the minor died under suspicious circumstances and as such the custody of the minor may be retained with himself by appointing himself as the gua











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