O.P.No.484 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.08.2023

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA

O.P.No.484 of 2023

Yasmin Akthar

… Petitioner

PRAYER : Original Petition is filed under Sections 3,7 to 10 and 29 of the

Guardian and Wards Act, 1890 r/w. Order XXI Rule 2 & 3 of the Original

Side Rules to appoint the petitioner as the Guardian of the person of the

minor female children by name Minor K.M.Fathima Zoha Ahamed born on

27.04.2007 and Minor K.M.Fathima Zaida Ahamed born on 17.10.2011 and

for properties of the said female children and to permit the petitioner to

receive the benefits on behalf of minors and deposit the same in any

nationalized bank in the name of the minors, until they attain the age of

majority.

For Petitioner : Ms.Abitha banu

ORDER

This Original Petition has been filed to appoint the petitioner as the

Guardian of the person and property of the minor female children by name

Minor K.M.Fathima Zoha Ahamed born on 27.04.2007 and Minor

K.M.Fathima Zaida Ahamed born on 17.10.2011 and to permit the

petitioner to receive the benefits on behalf of minor children and deposit the

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O.P.No.484 of 2023

same in any Nationalized Bank in the name of the minors, until they attain

the age of majority.

2. The averments in the petition are as follows:-

The petitioner is the mother of the minor children viz., K.M.Fathima

Zoha Ahamed and K.M.Fathima Zaida Ahamed. The husband of the

petitioner and the father of the minor children by name K.K.Mohamed

Mohideen Abdul Khader died on 13.06.2020. The petitioner's husband was

working as Draughtsman in National Contracting Company (India) Private

Limited, GRB Business Centre, Chennai. The deceased is eligible for

Employee Provident Fund and at the time of his death, Rs.4,29,852/- was

available in the Provident Fund account of the deceased. Since the petitioner

and the minor children are the only legal heirs of the deceased, they are

entitled to inherit the said asset equally between themselves. The petitioner

had already obtained her 1/3rd share and now the amount in the Provident

Fund Account would only represent the shares of the minor children. Since

the authorities insisted the petitioner to produce the order of this Court

appointing her as the guardian of the minor children, she has filed this

Petition seeking to appoint her as a guardian of the minor children.

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O.P.No.484 of 2023

3. The petitioner has been examined as P.W.1 and the following

documents were marked as Exhibits P1 to P8:

Exhibits

Documents

P1

The computer generated death certificate of K.K.Mohamed

Mohideen Abdul Khader.

P2

The computer generated legal heirship certificate of K.K.Mohamed

Mohideen Abdul Khader.

P3

The photocopy of the employee ID card of the petitioner's husband

K.K. Mohamed Mohideen Abdul Khader.

P4

The photocopy of the savings bank account of minor child Fathima

Zoha Ahamed K.M. in the State Bank of India, Royapettah Branch,

bearing Account No.41450837722.

P5

The photocopy of Savings Bank Account of minor child Fathima

Zaida Ahamad in State Bank of India, Royapettah Branch, bearing

Account No.41449790763.

P6

The photocopy of the petitioner's Aadhaar Card.

P7

The computer generated birth certificate of the petitioner's minor

daughter K.M.Fathima Zoha Ahamed.

P8

The computer generated birth certificate of the petitioner's minor

daughter K.M.Fathima Zaida Ahamed.

4. The birth certificate of the minor children viz., K.M.Fathima Zoha

Ahamed born and K.M.Fathima Zaida Ahamed which has been marked as

Exhibits P7 and P8 would show that the petitioner is the mother and

K.K.Mohamed Mohideen Abdul Khader is the father of the minor children.

Ex.P1, the death certificate would show that the husband of the petitioner

died on 13.06.2020. The legal heir certificate which is marked as Ex.P2

would show