The petitioner sought permanent custody of his minor daughter born out of wedlock after his wife's suicide and lack of custody interference by his mother-in-law. The court held that granting custody to the petitioner best protects the minor's welfare as the respondent remained absent.
Permanent custody of the minor child V.Viyona was granted to the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
O.P.No.290 of 2021
O.P.No.290 of 2021
ABDUL QUDDHOSE, J.
This petition has been filed under Section 25 of Guardian & Wards Act,
1890, r/w Order 21 Rule 2 & 3 of Original Side Rules seeking for appointment of the petitioner as the legal guardian of his minor daughter V.Viyona, having born out of his wedlock with Isaivani.
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counsel for the petitioner to serve one more notice on the respondent by its Order dated 02.12.2021.
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| Exhibits | Nature of the document |
|---|---|
| Ex.P-1 | Original of the Marriage Invitation between the petitioner and Isaivani dated 29.04.2016. |
| Ex.P-2 | Original of Marriagephotos asper Hindu rites and Customs. |
| Ex.P-3 | Original of Marriage photos as per Christian rites and Customs. |
| Ex.P-4 | Copy of the printout Birth Certificate of V.Viyona(Minor) dated 03.04.2017. |
| Ex.P-5 | Copy of printout Death Certificate of Isaivani dated 20.12.2019. |
| Ex.P-6 | Certified copy of Revenue Divisional Officer cum Executive Sub-division Magistrate InquiryReport dated 27.12.2019. |
| Ex.P-7 | Certified copy of Final Report filed by R8 Vadapalani police station to the XVII Metropolitan Magistrate Court, Saidapet, Chennai dated 08.12.2020. |
hanging herself on 17.12.2019. The custody of the minor is presently with the respondent who is the petitioner's mother in law. It is also informed by the learned
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counsel for the petitioner that only in December 2020, the petitioner saw his minor daughter V.Viyona.
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V.Viyona.
the pleadings as well as the evidence available of record, this Court is of the considered view that the minor child V.Viyona will be best protected under the permanent custody of the petitioner, who is her father.
20.12.2021
sr/rgi
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ABDUL QUDDHOSE, J.
sr/rgi
O.P.No.290 of 2021
20.12.2021
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2 issues framed by the court
Whether permanent custody of the minor daughter should be granted to her father despite the child being out of wedlock.
What is the welfare of the minor in determining custody between the father and the grandfather.
4 provisions across 4 enactments
ABDUL QUDDHOSE
ISAIVANI
V.VIYONA
PETITIONER'S MOTHER IN LAW
ABDUL QUDDHOSE
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
ABDUL QUDDHOSE
Parties & counsel
