The Madras High Court dismissed a civil revision petition challenging the appointment of an advocate as court guardian for a minor. The Court held the order was valid due to the respondent-wife's absence and lack of proposed alternative guardians.
Civil Revision Petition and connected Miscellaneous Petition dismissed; no costs awarded.
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.R.P.(MD)No.3209 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.12.2023
CORAM:
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
C.R.P.(MD)No.3209 of 2023 and C.M.P.(MD)No.16546 of 2023
T.Maheswaran ... Petitioner
Vs.
2nd respondent) ... Respondents
Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to allow this Revision Petition and set aside the order passed in E.A.No.7 of 2022 in E.P.No.18 of 2021 on the file of the Subordinate Judge, Eraniel dated 20.01.2023 in so far as appointing an advocate as court guardian for minor R3 and fixing his fees at Rs.10,000/to be paid by the petitioner.
For Petitioner : M/s.D.Ajitha Thrase
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C.R.P.(MD)No.3209 of 2023
ORDER
The Civil Revision Petition is directed against the order passed in
E.A.No.7 of 2022 in E.P.No.18 of 2021 in O.S.No.37 of 2019 dated 20.01.2023, on the file of the Subordinate Court, Eraniel.
C.R.P.(MD)No.3209 of 2023
Consequently, connected Miscellaneous Petition is closed. No costs.
08.12.2023
NCC :yes/No Index :yes/No Internet:yes/No csm
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C.R.P.(MD)No.3209 of 2023
K.MURALI SHANKAR,J.
csm
To
Order made in C.R.P.(MD)No.3209 of 2023 and C.M.P.(MD)No.16546 of 2023
Dated : 08.12.2023
1 issue framed by the court
Whether the appointment of an advocate as court guardian for a minor daughter, where the wife remained ex parte and no other guardian was proposed, warrants the quashing of the executing court's order
2 provisions across 1 enactments
T.Maheswaran
N.Raja (died)
Manimekala
Sushma
K.Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
