J.S.Jayabharathy v. Nil
Case brief
What is this about?
Petitioner sought appointment as legal guardian for her two minor children following the father's death. Court held mother entitled to guardianship absent evidence of detriment and allowed the petition.
What did the court decide?
Petitioner declared as legal guardian for minor children S.Bennet Samuel and S. Dallin Agnes.
What the court decided
O.P.No.556 of 2021
ABDUL QUDDHOSE, J.
This petition has been filed seeking for appointment of the petitioner as the legal guardian for her minor children namely S.Bennet Samuel and S. Dallin Agnes.
- As seen from the petition, the petitioner's husband, R.Solomon Raja died on 10.06.2021. The death certificate and the legal heirship certificate of the deceased R.Solomon Raja have also been marked as Ex.P3 & Ex.P4 respectively. As seen from the legal heirship certificate of R.Solomon Raja, the petitioner herein namely J.S.Jayabharathy, her minor children namely S.Bennet Samuel and
S. Dallin Agnes and Sagunthala, the mother of the deceased are his legal heirs.
The minor children S.Bennet Samuel and S. Dallin Agnes are living with their mother namely the petitioner herein, as seen from the petition.
- The guardian is appointed for the welfare of the minor children. Being
the mother, naturally after the death of the father, she becomes entitled to be declared as a guardian for the minor children, unless it is established that the appointment of the mother as the legal guardian will be detrimental to the interest
Issues for consideration
3 issues framed by the court
Whether the petitioner mother should be appointed as the legal guardian for her minor children following the death of the father.
Whether the petitioner's appointment as guardian is without evidence that her custody is detrimental to the minor children.
Whether the petitioner must implead the mother of the deceased in the separate petition for Letters of Administration.
Parties & counsel
- petitioner
J.S.Jayabharathy
- other
S.Bennet Samuel
- other
S. Dallin Agnes
Coram
Case details
As recorded by the court registry
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