The High Court dismissed an appeal filed by a father seeking to set aside an earlier order appointing him as guardian for his daughter. The court held that since the daughter had attained majority, the matter no longer arose and the appeal was infructuous.
Appeal dismissed as infructuous. Connected miscellaneous petitions closed. No costs.
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.
C.M.A.No.2948 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.12.2022
CORAM
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
C.M.A.No.2948 of 2012 and
M.P.1 of 2012, 1 of 2013 & 1 of 2015
B.Gokila, aged 37, D/o.K.R.Balakrishnan (late) 12/5, F6 A, Sakthi Main Road, Sirumugai, Mettupalayam (Tk), Coimbatore (Dt) 641 302. ... Appellant Vs. R.Murugesan, aged 43 years, S/o.A.Ramasamy, Residing at 1/78, Kodur (PO), Velagoundampathi (Via), Paramathi - Velur (Tk), Namakkal (Dt) 637 212. ... Respondent
Prayer : Appeal filed under Section 47 of the Guardian & Wards Act to set aside the Judgment and Decree dated 10.07.2012 in G.W.O.P.No.78 of 2011 on the file of the Principal District Court, Namakkal with costs.
For Appellant : Mr.C.Ananda Ramani for M/s.P.V.S.Giridhar & Sai Asso. For Respondents : No appearance
1/4
C.M.A.No.2948 of 2012
J U D G M E N T
The Appeal has been filed to set aside the Judgment and Decree dated 10.07.2012 in G.W.O.P.No.78 of 2011 on the file of the Principal District Court, Namakkal.
2.The prayer of the Petitioner/Husband in G.W.O.P.No.78 of 2011 is to appoint him as guardian for minor daughter M.Karishma, whose date of birth is 21.10.1997. But as on date, she has already attained majority and hence, there is nothing survives in this Appeal.
3.Accordingly, this Appeal is dismissed as infructuous. No costs.
Consequently, connected Miscellaneous Petitions are closed.
12.12.2022
Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order
sai
C.M.A.No.2948 of 2012
To
The learned Principal District Judge, Principal District Court, Namakkal.
C.M.A.No.2948 of 2012
RMT.TEEKAA RAMAN.J,
sai
C.M.A.No.2948 of 2012 and M.P.1 of 2012, 1 of 2013 & 1 of 2015
Dated:12.12.2022
2 issues framed by the court
Whether the appeal seeking to set aside the judgment appointing a husband as guardian for a minor daughter survives given that the minor has since attained majority?
Whether the appeal filed under Section 47 of the Guardians and Wards Act is maintainable when the subject matter no longer subsists?
B.Gokila
R.Murugesan
RMT.TEEKAA RAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
