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O.P.No.574 of 2022

C.V.KARTHIKEYAN, J.

This original petition has been filed taking advantage of Sections 3, 7,

8, 9, 10 & 29 of the Guardians and Ward Act, 1890 read with Order XXI

Rules 2 and 3 of the Original Side Rules of Madras High Court, by the

paternal grandmother of K.Mithraa, who was born on 26.11.2011. The

parents of the minor child, M.Karthikeyan and Lakshmi Priya and also the

elder sister K.Hasini all died in a motor accident accident on 23.05.2022.

The petitioner is the only surviving heir with a right to look after the minor

child.

2.In her chief, the petitioner also specifically stated that the father of

her daughter-in-law, Nandakumar died due to liver disease, when her

daughter-in-law was nearly about 12 or 13 years and her mother, Manjula

died in the car accident along with her daughter.

3.In the petition, she had stated that she is in good circumstances,

having a family income of Rs.3,00,000/- and had undertaken to act as

guardian of the minor child and had also stated that she does not have any

adverse interest as against the minor child.

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4.The petitioner was invited to adduce evidence and accordingly she

examined herself as PW-1. She filed her proof affidavit. The death

certificates of her son M.Karthikeyan and daughter-in-law, Lakshmi Priya

were marked as Exs.P1 and P2 respectively. The death certificate of her

another grand daughter, Hasini was marked as Ex.P3. The legal heirship

certificate of M.Karthikeyan was marked as Ex.P4. The birth certificate of

the minor child K.Mithraa for whom guardianship is now sought was marked

as Ex.P5. Ex.P6 is the copy of the Sale Deed dated 04.09.2020 of a property

purchased by M.Karthikeyan, the son of the petitioner, which property is

situated at Thirunavukarasu Nagar, Gidangal, Tindivanam in S.Nos.298/2

and 298/1. They are plots of land. It would only be advisable that the

petitioner manages the said property to the advantage of the minor and if

ever any necessity arises to deal with the property, she cannot do so, except

with specific permission from either of this Court or the District Court,

Villupuram. The petitioner had also filed declaration of willingness to accept

the office of grant of the person and property of minor K.Mithraa. That

declaration was marked as Ex.P12.

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5.In view of the evidence adduced, this Original Petition stands

allowed. The petitioner is appointed as the guardian of the property and

personal effects of the minor K.Mithraa who was born on 26.02.2011. The

petitioner is also directed to have custody of the child and retain such

custody.

09.11.2022

smv

https://www.mhc.tn.gov.in/judis

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C.V.KARTHIKEYAN,J.

smv

O.P.No.574 of 2022

09.11.2022

https://www.mhc.tn.gov.in/judis