MADRAS HIGH COURT
Sasikala Sathiyanarayanan – Appellant
Versus
Nil – Respondent
OP 271/2022
O.P. No. 271 of 2022
C.V.KARTHIKEYAN, J.
The petition is filed under Sections 3, 7 to 10 and 29 of the
Guardians and Wards Act read with Order XXI of the High Court of
Madras Original Side Rules 1956, to appoint the petitioner herein as
Guardian of Aruna Sai, minor, born on 07.10.2005
2. The petitioner is the sister of the mother of the minor. The mother
of the minor L. Kirupa, died on 14.06.2019. The father of the minor, S.C.
Murali, died on 18.10.2021. The petitioner has been taking care of the
minor even from an young age. The minor is studying in a School at
Chennai, residing with the petitioner. She is in custody of the petitioner.
3. The petitioner was directed to tender evidence. The petitioner
examined herself as P.W.1. The birth certificate of the minor was marked
as Ex. P1, The School Certificates of the minor were marked as Exs.P2, P3
and P4. Exs. P3 and P4 are the xerox copy of the school certificates.
However since the contents are not disputed, the same are taken on record.
The death certificate of the mother of the minor and the death certificate of
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the father of the minor were marked as Exs. P7 and P9. The legal heirship
certificate of the mother of the minor was marked as Ex. P8. The
documents relating to the properties, to which, the minor is entitled were
marked as Exs.P10, P11 and P12.
The guideline value of the two items
were marked as Exs.P13 and P14. The declaration of willingness to accept
the office of guardian of the person and the property of the minor, were
marked as Ex.P15. The husband of the petitioner was examined as P.W.2.
He filed an affidavit indicating willingness to take minor in custody and
that he has no objection for the appointment of his wife as guardian of the
minor.
4. In view of the reasons stated, the petition stands allowed. The
petitioner is appointed as guardian of the minor child Aruna Sai, who was
born on 07.10.2005, both with reference to person and the property of the
minor.
21.11.2022
mrn
C.V.KARTHIKEYAN, J.
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(mrn)
O.P. No. 271 of 2022
21.11.2022
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