Allowed¶32

Dharmalingam S and another v. No Respondent

Madras HC6 Jan 2026OP/475/2025

Case brief

AI extract

What is this about?

Guardianship declaration, Guardians and Wards Act 1890 Sections 3, 7, 10, 25, Madras High Court original petition OP No. 475 of 2025; IVF / Assisted Reproductive Technology twins with anonymous legally protected donor, GG Hospital Nungambakkam; parents appointed guardians of person and property till majority; passport, visa, immigration, Australian Embassy checklist; Section 63(4) BSA affidavit and certificate; Original Side Rules Order XXI Rules 2 and 3; Letter Patterns Act Clause 17; no respondent.

What did the court decide?

Both petitioners appointed and declared as 'guardians' of the person and property of the minor children D. Aadhan and D. Aadhirai till their attaining the age of majority. ¶32

Dharmalingam S and another Vs No Respondent — Child Custody and Guardianship | Madras HC (2026)

What the court decided

AI extract

Outcome

Both petitioners appointed and declared as 'guardians' of the person and property of the minor children D. Aadhan and D. Aadhirai till their attaining the age of majority.

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Issue for consideration

Whether the petitioners Dharmalingam S and Indira Mani should be appointed and declared legal guardians of the minor children D. Aadhan (boy child) and D. Aadhirai (girl child), born 01.05.2023 through IVF, for all legal, domestic and international purposes including passport, visa and immigration processing. +1 more

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Court's answer

From the evidence of PW1 and documents Ex.P.1 to Ex.P.10 the Court found that the petitioners are husband and wife, that a boy and girl child were born to them through IVF treatment, and that the treating hospital certified successful IVF treatment, conception of twins by the 2nd petitioner and delivery on 01.05.2023.

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Ratio / Principle

The petitioners are the parents of the minor children, who are under their care and custody; having no adverse interest against the minors, they can be appointed as guardians of the minor children in the minors' best interest.

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Key takeaways

The original petition is allowed and the petitioners are appointed and declared as 'guardians' of the person and property of the minor children D. Aadhan and D. Aadhirai till their attaining the age of majority.ratio¶32

Detailed headnote1 paragraphs

Madras High Court (P. Dhanabal J.), OP No. 475 of 2025, decided 06-01-2026. Guardianship under Sections 3, 7, 10 and 25 of the Guardians and Wards Act, 1890, read with Order XXI Rules 2 and 3 of the Original Side Rules and Clause 17 of the Letter Patterns Act. A married couple (marriage solemnized on 09.03.2015) sought appointment and declaration as legal guardians of their twin children (born 01.05.2023) conceived through Assisted Reproductive Technology (IVF) at GG Hospital Fertility Research and Women Speciality Center, Nungambakkam, with an unknown donor whose identity is legally protected; a hospital certificate stated the petitioners to be the intended and only lawful parents. PW1 (the father) was examined; Ex.P.1 to Ex.P.10 were marked, including computer-generated birth certificates supported by affidavit/certificate under Section 63(4) of B.S.A., marriage extract (dated 12.03.2015, Sub-Registrar Anna Nagar), Aadhaar cards, GG Hospital certificate (dated 13.05.2025), discharge summary (dated 06.05.2023) and an Australian Embassy request-checklist printout. On the finding that the petitioners are the parents, have care and custody, and bear no adverse interest against the minors, the original petition was allowed: the petitioners were appointed and declared guardians of the person and property of D. Aadhan and D. Aadhirai till majority. Cause title records 'No Respondent Nil'.

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OP No. 475 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06-01-2026

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CORAM

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THE HONOURABLE MR.JUSTICE P. DHANABAL

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OP No. 475 of 2025

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Dharmalingam S and another S/o, Seethapathy, Residing at, Old No. 23, New No. 40, Battachari Street, Ayanavaram, Chennai - 600 023. and another

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Indira Mani W/o, Dharmalingam, Residing at, Old No. 23, New No. 40, Battachari Street, Ayanavaram, Chennai - 600 023.

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Petitioner(s)

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No Respondent Nil

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Respondent(s)

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PRAYER: This application has been filed under Sections 3, 7, 10 and 25 of the

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Guardians and Wards Act, 1890 read with Order XXI Rule 2 and 3 of Original Side Rules read with Clause 17 of the Letter Patterns Act to appoint and declare

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the Petitioners as the Legal Guardians of the minor children namely D. Aadhan Boy Child, D. Aadhirai (girl child) born on for all legal, domestic, and international purposes including passport, visa, and immigration processing.

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For Petitioner(s): M/s.R.Abirami

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https://www.mhc.tn.gov.in/judis

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OP No. 475 of 2025

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ORDER

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This petition has been filed to appoint and declare the petitioners as the legal guardians of the minor children viz., (1) D. Adhan and (2) D. Adhirai for all legal, domestic and international purposes including Passport, Visa and immigration processing.

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According to the petitioners, they are the husband and wife and their marriage was solemnized on 09.03.2015. Both the petitioners underwent Assisted Reproductive Technology (IVF) at GG Hospital Fertility Research and Women Speciality Center, Nungambakkam. Pursuant to the said treatment, minor children namely Aadhan and Aadhirai were born on 01.05.2023 to the petitioners. The Hospital has issued a certificate dated 20.10.2023 explicitly stating that the children born to the petitioners via IVF with an unknown donor and confirmed that the donor’s identity is legally protected and not disclosed, that the petitioners are the intended and only lawful parents of the children, that the hospital holds no further claim or involvement in the children’s custody or guardianship and that the birth of the children is medically and ethically complied with law. The children are under the care and custody of the petitioners. They are the true and biological parents of the minor children. The father of the children, the 1^st petitioner herein, is employed in a Sheet Metal Engineering Industry and he is financially stable and capable of providing a

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https://www.mhc.tn.gov.in/judis

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OP No. 475 of 2025

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proper and secured future for the minor children. The petitioners have no adverse interest against the minor children. They require legal guardianship solely to fulfil requirements for Visa proceedings, passport application and international immigration.

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After filing of this petition, the matter was posted for examination of witnesses. On the side of the petitioner, PW1 was examined and Ex.P.1 to Ex.P.10 were marked.

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This Court also perused the evidence and the entire records.

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As per the evidence of PW1 and the documents Ex.P.1. to Ex.P.10,

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they revealed that the petitioners are the husband and wife and a boy and girl children born to them through IVF treatment. The hospital, where the treatment was given to the petitioners, has certified that the petitioners had a successful IVF treatment in the said hospital, that the 2^nd petitioner conceived twins and that the 2^nd petitioner delivered twins on 01.05.2023. The petitioners are the parents of the minor children and the children are now under the care and custody of the petitioners. They have no any adverse interest against the minor children and therefore, they can be appointed as guardians of the minor children in their best interest.

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https://www.mhc.tn.gov.in/judis

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OP No. 475 of 2025

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In view of the above said observations, this original petition is

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allowed and the petitioners are appointed and declared as 'guardians' of the person and property of the minor children namely D. Aadhan and

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D. Aadhirai till their attaining age of majority.

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06-01-2026

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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mjs

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https://www.mhc.tn.gov.in/judis

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OP No. 475 of 2025

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APPENDIX:

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List of Petitioner side Witnesses:

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PW1 : Mr. Dharmalingam

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List of Petitioner side Documents:

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Exhibit No.	Date	Description of Documents.
Ex.P.1.	-	Computer generated birth certificate of Minor son D. Aadhan.
Ex.P.2	-	Computer generated birth certificate of minor daughter D. Aadhirai.
Ex.P.3	-	Affidavit filed by PW1 under Section 63 (4) of B.S.A. for Ex.P.1 and Ex.P.2.
Ex.P.4.	12.03.2015	Photocopy of extract of marriage of the petitioners issued by the Sub-Registrar, Anna Nagar,Chennai-600 040.
Ex.P.5	-	Photocopyof PW1’s Aadhar Card.
Ex.P.6	-	Photocopy of Aadhar Card of the 2^nd petitioner.
Ex.P.7	13.05.2025	Photocopy of the Certificate issued by GG Hospital, Chennai-600 034 to the 2^nd petitioner.
Ex.P.8	06.05.2023	Photocopy of the discharge summary issued by GG Hospital, Chennai-600 034 to the 2^nd petitioner.
Ex.P.9	-	Online printout of request check list and details from the website of Australian Embassy.
Ex.P.10	-	Certificate filed by PW1 under Section 63(4)of B.S.A. for Ex.P.9.