Mother sought appointment as guardian of her minor son, diagnosed with Autism Spectrum Disorder, over his person and properties devolved on him after his father's death, to represent him in a pending partition suit. She testified and exhibited certificates; the petition was allowed and she was appointed guardian.
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O.P. No.167 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.04.2024
CORAM
THE HONOURABLE MS.JUSTICE C.V.KARTHIKEYAN
O.P. No.167 of 2024
Geetha Veeraraghavan … Petitioner
PRAYER : This Petition is filed under Clause XVII of the Letters Patent of 1865, seeking to appoint the petitioner as the guardian of the person and as manager of the properties of V.Sriram, who is suffering from multiple disabilities and for the operation of the assets devolved on him morefully set out in the Schedules A, B, C, D, E & F and to permit the petitioner to represent the interest of V.Sriram throughout his life in the legal areas before all Courts, statutory authorities and authorise the petitioner to sign on behalf of her son V.Sriram wherever necessary.
For Petitioner : Mr.R.Dinesh
O R D E R
This petition has been filed seeking to appoint the petitioner as guardian relating to the properties of her minor son V.Sriram who had been diagnosed with Autism Spectrum Disorder from childhood. The child was
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born on 15.11.2006. The husband of the petitioner died on 07.11.2023. The petitioner and her minor son are the only legal heirs.
2.It is stated that the brother of the petitioner's husband had filed a suit in C.S.No.177 of 2023 seeking partition of the properties to which he claimed they were both entitled to. Since her husband died, the child as a legal heir will have to be represented by a guardian. Since the child had been diagnosed with Autism Spectrum Disorder, the petitioner claims that it is only appropriate that she is recognized as a guardian of the properties of the child.
3.The petitioner examined herself as P.W.1 and marked Exs.P1 to P7. Ex.P3 is the birth certificate of her son. Exs.P4 to P6 are the certificates relating to the son. Ex.P7 is the declaration of willingness.
4.Taking all the factors into consideration, this Original Petition stands allowed. The petitioner is appointed as a guardian with respect to the properties of her minor son.
16.04.2024
Index :Yes/No vkr
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C.V.KARTHIKEYAN, J.
vkr
O.P. No.167 of 2024
16.04.2024 (1/2)
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1 issue framed by the court
Whether the petitioner should be appointed guardian of the person and properties of her son, who suffers from Autism Spectrum Disorder, to represent his interests including in pending partition procee
1 provisions across 1 enactments
Geetha Veeraraghavan
C.V.Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
