Jayaraj M v. B.Sanmugam
Case brief
What is this about?
In an original petition under the Guardians and Wards Act, 1890, the High Court of Madras appointed the mother's cousin sister as the legal guardian of the person of a minor child following the death of both parents, finding her appointment subserved the minor's interest.
What did the court decide?
Appointed Mrs. J.Nithya Kalyani, the second petitioner, as the legal guardian of the person of the minor A.Lakshanya.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 26H DAY OF JULY 2019
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
O.P.No.423 of 2019
In the matter of Guardians
and Wards Act, 1890
and
In the matter of Minor
A.LAKSHANYA born on
23.01.2010.
1. M.Jayaraj
S/o.Mr.C.Mohanrajan
2. J.Nithya Kalyani
W/o.Mr.Jayaraj
Both are residing at
New No.3, Old No.2,
Pillaiyar Koil Street,
T.Nagar, Chennai 600 017. ...Petitioners.
-Vs.-
1. B.Sanmugam
S/o.Late V.Balu
2. S.Babyammal
W/o.Mr.B.Sanmugam
Both are residing at
No.1/22, Perumal Koil 1st Street,
Sivabootham, Vanagaram,
Chennai 600 095. ... Respondents.
Original Petition praying that this Hon'ble Court be
pleased to pass an order that M.Jayaraj and J.Nithya
Kalyani, the petitioners herein or some other fit and
proper person may be appointed as the legal guardian of the
person of the minor A.Lakshanya.
This Original Petition coming on this day before this Court for hearing, the Court made the following order:-
2
Issues for consideration
3 issues framed by the court
Whether the second petitioner, the mother's cousin sister, is eligible and fit to be appointed as guardian of the minor child.
Whether the interest of the minor will be subserved by appointing the cousin sister as guardian when the parents are deceased.
Whether the objection of the maternal grandparents is necessary for appointing the petitioner as guardian.
Parties & counsel
- petitioner
M.Jayaraj
- petitioner
J.Nithya Kalyani
- respondent
B.Sanmugam
- respondent
S.Babyammal
Coram
Case details
As recorded by the court registry
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