The central legal point established in the judgment is the court's emphasis on interpreting the law in a manner conducive to the welfare and development of the child, particularly in the context of releasing terminal benefits to a minor without rigidly insisting on strict statutory requirements.

1. Heard Mr. N.L. Rajah, learned counsel for the petitioner and Mr. Raghunath, learned counsel for M/s. T.S. Gopalan & Co., appearing for the respondent.

2. The petitioner has filed this writ petition for a direction to the respondent to release 50% of the terminal benefits of late Dr. S. Ashok Kumar amounting to Rs.20,05,493.96 (Rupees Twenty Lakhs Five Thousand Four Hundred Ninety Three and Ninety Six Paise only) due and payable to the petitioner along with interest @ 9% p.a. from the date of receipt of the said amount into their account till date of deposit of the amount to her account without insisting on production of an order under Section 10 of Guardians and Wards Act, 1890.

3. The case of the petitioner in a nut-shell is as follows :-

(3a) The mother and natural guardian, namely, Mrs. S.S. Geetha Ramani of petitioner / minor daughter A. Gayathri had married to one Dr. S. Ashok Kumar on 14.09.1988 and out of their wedlock, they were blessed with two daughters viz., A. Lekha Priya aged about 21 years and A. Gayathri, aged about 15 years. Subsequently, due to difference of opinion, their marriage ended in divorce and a decree dissolving their marriage was also passed on 28.11.2010.

(3b) In the meantime, after passing of the decree of dissolution of marriage, it was diagnosed that Dr. S. Ashok Kumar had cancer. Though divorce was granted, mother of petitioner had taken care of him. Consequently, since Dr. S. Ashok Kumar had not remarried any one after divorce, he did not also make any alterations or changes in the nominations with respect to terminal benefits due to his legal heirs from the respondent. Thereafter, the said Dr. S. Ashok Kumar had passed away on 13.07.2012 and therefore, the mother of petitioner forwarded an application along with necessary papers including a copy of the decree for divorce, for release of terminal benefits in the name of Dr. S. Ashok Kumar's children. Apart from that, a copy of both legal heirship certificate dated 07.08.2012 and general power of attorney executed in the name of mother by her elder daughter A.Lekha Priya, who had left for USA to pursue her higher studies, were also appended.

(3c) Since there was no reply to the said application, an email dated 21.09.2012 requesting the respondent to settle the terminal benefits was sent by her. In the meantime, an Investigator, by name M/s. Vasu Associates was appointed by the respondent, who in turn requested the mother of petitioner to send certain documents primarily relating to the divorce proceedings. Inspite of handing over all the documents, the respondent apprehended that there might be some claim from others. Thereafter, the mother of petitioner received a letter from the respondent dated 22.01.2013 for production of following documents:

"Succession Certificate is required for two daughters (being legal heirs of late Dr. S. Ashok Kumar to share the benefits amongst themselves equally) viz. Ms. A. Lekha Priya, Age 22 years and Ms. A. Gayathri, Age 14, being a minor (after obtaining appointment of guardian certificate as per point No.2, mentioned below, as no succession could be issued in favour of minor), separately or jointly as the case may be from the appropriate Court.

Being the second daughter viz. Ms. A. Gayathri, being a minor, the Proof of guardianship is to be obtained from appropriate Court in respect of minor daughter as per Guardian and Wards Act, 1890, from yourself (i.e. mother) showing yourself as Legal Guardian of Ms. A. Gayathri, as claimed by you."

A reply dated 08.02.2013 was also sent to the above letter along with a legal opinion from an Advocate, which states as under:

"i) There is no need or requirement for Geetha Ramani to be appointed as Guardian of minor Gayathri as he is a natural guardian, on death of Ashok Kumar, even if a divorcee as her status as mother commends itself to it automatically.

ii) In any case by orders dated 28.11.2010 Family Court, Chennai has vested legal custody with Geetha Rama