The welfare of the minor child takes precedence in determining the deposit of death benefits, even if it postpones the entitlement of the natural guardian.

JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the Respondents 1 to 3 to deposit the petitioner's daughter Nirmala's all monetary benefits to her minor son namely Nirmal.)

1. This Writ Petition has been filed seeking a Writ of Mandamus to direct the Respondents 1 to 3 to deposit all the death benefits of the petitioner's deceased daughter Nirmala in the name of her minor son by name Nirmal.

2. The petitioner is the mother of the deceased Government Servant Nirmala, who had worked as a staff nurse in the 3 rd respondent's hospital. The deceased Nirmala had married the 4 th respondent. She had one son by name "Nirmal". Subsequent to the death of Nirmala, 4 th respondent is said to have entered into a second marriage. The allegation of the petitioner is that the 4 th respondent is not taking care of his minor son Nirmal properly and his academic performance would reflect the same. Since the 4 th respondent is not taking care of his minor son properly, the petitioner has filed this Writ Petition seeking to deposit the terminal benefits of her deceased daughter Nirmala in minor's account of Nirmal itself until he becomes major.

3. Heard, Mr.S.Kolandasamy, learned Counsel for the petitioner and Mr.K.Prabakar, learned Standing Counsel for the respondents 1&2 and Mr.T.Chezhiyan, learned Additional Government Pleader for the 3 rd respondent and Mr.N.Umapathi, learned counsel for the 4 th respondent and perused the materials available on records.

4. Mr.S.Kolandasamy, learned counsel for the petitioner submitted that the 4 th respondent has lavishly spent the petitioner's deceased daughter's salary by holding control over her ATM card. The 4 th respondent does not have any job. On 13.07.2011, 44 ½ sovereigns of gold and Rs.1,60,000/- cash were stolen from the house of the petitioner. At that time, the petitioner's daughter, Nirmala and the 4 th respondent were at the petitioner's house. The petitioner had given a complaint before Kovai Kuniyamuthur Police Station on 13.07.2011 and a First Information Report in Cr.No.551 of 2011 was registered and it is pending for investigation. The 4 th respondent threatened that he would consume poison if the enquiry is conducted by taking his finger prints etc., The petitioner's daughter Nirmala requested the petitioner not to proceed with the above theft case, as it would affect her life. Though the petitioner knew that it was the 4 th respondent was stolen the properties and the petitioner did not seriously pursue the case.

4.1. When Nirmala was pregnant and was going for regular check up at P.S.G. Hospital Comibatore, the Doctors advised her to take treatment at N.M. Hospital, Ramanathapuram, Coimabtore. Subsequently, on 12.04.2019 a wordy quarrel arose between Nirmala and the 4 th respondent with regard to her admission at N.M. Hospital for delivery. In a fist of anger, 4 th respondent kicked on Nirmala's stomach, Nirmala called the petitioner immediately over phone by crying. Immediately petitioner rushed to her house. Mean while the 4 th respondent called Dr.Thilagavathy and he took Nirmala to N.M. Hospital. In the scan report, it was found that the fetus in the womb lost life and Nirmala also died subsequently. The 4 th respondent has taken the LIC policy amount which was in Nirmala's son's name and he also plans to marry his girl friend after getting Nirmala's provident fund and other monetary benefits. The 4 th respondent is not a person of good character and would not show any interest in the minor and he cannot provide him good education. The petitioner has given a complaint on 11.05.2019 against the 4 th respondent and the enquiry is pending. The petitioner has also filed a guardian petition and the same is also pending. Hence the petitioner has filed this petition for Writ of Mandamus to direct the Respondents 1 to 3 to deposit the petitioner's daughter Nirmala's all monetary benefits to her minor son