The court affirmed the necessity of addressing child custody based on guardianship law, particularly following the death of the mother.

ORDER

Challenging the impugned order passed in I.A.No.1 of 2024 in G.W.O.P.No. 8 of 2024 by the learned Principal District Judge, Coimbatore, the Revision Petitioner/petitioner preferred this Civil Revision Petition.

2. Despite service of notice, there is no representation on the side of respondents.

3. Before the trial court, the Revision Petitioner filed an application under Sec.12 of Guardian and Wards Act to grant interim custody of minor child to the only legal guardian, Petitioner from the respondents for three days (Friday to Sunday) in every week till the disposal of the main petition and the same was granted in favour of the petitioner. Now, the Revision Petitioner had challenged the said order stating that he wanted to have permanent custody of the child.

4. The learned counsel for Revision Petitioner would submit that already mother of child died due to some natural illness and the respondents are his father-in-law and mother-in-law, but as on date, the child is with the custody of Revision Petitioner. Hence, he prayed to grant permission to have permanent custody of the child.

5. On perusal of records, the fact reveals that since the child is under the custody of Revision Petitioner, already he had filed a petition in G.W.O.P.No. 8 of 2024. Considering that and also the fact that the respondents, who are inlaws of the petitioner not appeared inspite of notice, the trial judge is directed to dispose of the said petition within a period of three months from the date of receipt of copy of this order. Until then, the custody of the child is granted with the father of child, since mother was already died. Accordingly, this Civil Revision Petition is disposed of. No costs.