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Kirthika v. R.Satheesh Kumar

Madras HC19 Feb 2026OP/630/2024

Case brief

AI extract

What is this about?

Keywords: Guardians and Wards Act 1890; Sections 3, 7 to 10 and 25; sole guardian declaration; permanent custody of minor child; mother as guardian after divorce; unopposed/ex parte guardianship petition; substituted service; paper publication; respondent left India; summons unserved; welfare and interest of minor; Madras High Court Original Petition (OP); HMOP No.189 of 2017 Subordinate Court Kovilpatti divorce decree; remarriage of mother; Aadhar/passport/government records requiring father's signature; minor Jaividyuth born 16.08.2016; PW1 Mrs. Kirthika; Ex.P.1 to Ex.P.6; P. Dhanabal, J.; decided 19-02-2026.

What did the court decide?

Petitioner (mother) appointed as 'guardian' for the minor children Jaividyuth till he attains the age of majority, and granted permanent custody of the minor child till he attains the age of majority.

Kirthika Vs R.Satheesh Kumar — Child Custody and Guardianship | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner (mother) should be declared sole guardian of the person of the minor child Jaividyuth (born 16.08.2016, aged about 8 years) and granted permanent custody of the minor child.

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Court's answer

From the evidence of PW1 and documents Ex.P.1 to Ex.P.6, the Court found that the petitioner and the respondent were married, a decree of divorce was obtained by the petitioner, the birth certificate (Ex.P.2) shows the petitioner is the mother of minor S.Jaividyuth, the children are under the care and custody of their mother, the father/respondent is not present, and there is no adverse interest against the minors.

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Ratio / Principle

Since the petitioner, being the mother, is the only caretaker of her children and seeks guardianship for the welfare and interest of the minor son, in the interest of the minor son the petition has to be allowed.

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Key takeaways

The petitioner/mother is appointed as 'guardian' for the minor children Jaividyuth till he attains the age of majority.ratio¶35
The petitioner is granted permanent custody of the minor child Jaividyuth till he attains the age of majority.ratio¶36

Detailed headnote1 paragraphs

Madras High Court, OP No. 630 of 2024 (P. Dhanabal, J.), decided 19-02-2026 - Petition under Sections 3, 7 to 10 and 25 of the Guardians and Wards Act, 1890 r/w Order XXI Rules 2,3 of O.S.Rules and Clause XVII of Letters Patent Act by the mother (Kirthika) seeking declaration as sole guardian of the person of her minor son Jaividyuth (born 16.08.2016, aged about 8 years) and permanent custody - ALLOWED. Petitioner and respondent R.Satheesh Kumar married on 13.05.2013; two sons born (Tharun Rithvik, 20.04.2014; Jaidivyuth, 16.08.2016); decree of divorce obtained by petitioner on 22.12.2017 (Ex.P.3, certified copy of order dated 22.12.2017 in HMOP No.189 of 2017, Subordinate Court, Kovilpatti); petitioner remarried Dinesh Babu Ramasamy on 01.06.2023 (registered 09.11.2023). Respondent could not be served - summons returned with endorsement that he was not residing at the given address and had left India; substituted service by paper publication allowed (Application No.5894 of 2025, order dated 25.11.2025); respondent did not appear despite publication and no objection was received. PW1 (petitioner) examined; Ex.P.1 to Ex.P.6 marked, including birth certificate of minor S.Jaividyuth (Ex.P.2) showing petitioner as mother. Held: children under the care and custody of their mother, father not present, no adverse interest against the minors, petitioner seeks guardianship for the welfare and interest of the minor son; in the interest of the minor son the petition was allowed - petitioner/mother appointed 'guardian' for the minor children till majority and granted permanent custody of the minor child till majority.

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OP No. 630 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-02-2026

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CORAM

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THE HON'BLE MR.JUSTICE P. DHANABAL OP No. 630 of 2024

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Kirthika

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D/o. Poovaiah, Casuarina 907, Eden Park, Phase 1, M.R.Radha Main Road,Navalur, Kancheepuram 603 103.

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..Petitioner(s)

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R.Satheesh Kumar S/o. V.Rajendran (Postal Dept), 34/3, West Street, South Thittankulam, Kovilpatti 628 502.

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..Respondent(s)

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Prayer: Petition filed Sections 3, 7 to 10 and 25 of the Guardians and Wards Act, 1890 r/w Order XXI Rules 2,3 of O.S.Rules Clause XVII of Letters Patent Act to declare the petitioner herein as the sole Guardian of the person of the minor child, Jaividyuth, born on 16.08.2016 now aged about 8 years and grant permanent custody of minor child.

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For Petitioner(s): Mr.T.Zahir Hussain For Respondent(s): Sole Respondent – No appearance

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ORDER

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This petition has been filed under Section 3, 7 to 10 and 25 of the

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Guardians and Wards Act, 1890 r/w Order XXI Rules 2,3 of O.S.Rules Clause XVII of Letters Patent Act praying (i) to declare the petitioner herein as the

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

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OP No. 630 of 2024

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sole Guardian of the person of the minor child, Jaividyuth, born on 16.08.2016 now aged about 8 years and (ii) grant permanent custody of minor child.

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According to the petitioner, the marriage between the petitioner and respondent was solemnised on 13.05.2013 and out of the said wedlock, two male children, viz., Tharun Rithvik was born on 20.04.2014 and Jaidivyuth was born on 16.08.2016. Since there was a misunderstanding between the petitioner and the respondent, the petitioner approached the family court and the decree of divorce was granted on 22.12.2017. Thereafter, the petitioner married one Dinesh Babu Ramasamy on 01.06.2023 and the same was registered on 09.11.2023. Since for all the government records of the minor Child Jaividuyuth, the government officials need the father’s signature in all the applications more particularly for Aadhar, passport and the petitioner is unable to get the government records for the development of the child and the petitioner is not aware where the respondent is staying at present, further, the respondent never visited the child, therefore, the petitioner has come up with this petition seeking to declare herself as permanent custodian of the minor son.

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After filing of this petition, notice was ordered through Court and the Court Summons were returned with an endorsement that the respondent is

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Page2 of 6

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

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OP No. 630 of 2024

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not residing in the said address and left India. Therefore, the petitioner has filed an Application No.5894 of 2025 seeking substituted service to the respondent through paper publication and the same was allowed by this Court vide order dated 25.11.2025. Thereafter, paper publication was effected and despite the paper publiction, the respondent did not appeared and no any objection has been received from any party. Thereafter, the matter was posted for examination of witnesses. On the side of the petitioner, PW1 was examined and Ex.P.1 to Ex.P.6 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.6, they revealed that the petitioner and the respondent were married and now decree of divorce was obtained by the petitioner. Ex.P.2, Birth certificate of minor S.Jaividyuth shows that the petitioner is the mother and Ex.P.3, certified copy of the order dated 22.12.2017 showing decree of divorce. The children are now under the care and custody of their mother, the petitioner herein. The father of the children, respondent is not present and a decree of divorce was obtained by the petitioner 22.12.2017 and the petitioner being the mother, is the only care-taker of her children. There is no any adverse interest against the minors and the petitioner is seeking to appoint herself as guardian to the

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__________ Page3 of 6

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

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OP No. 630 of 2024

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minor child Jaividuth for the welfare and interest of minor son. Therefore, in

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the interest of minor son, this petition has to be allowed.

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In view of the above discussions, this original petition is allowed

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on the following terms: :

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(i) The petitioner / mother is appointed as a 'guardian' for the minor children Jaividyuth till he attains the age of majority.

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(ii) The petitioner is also granted permanent custody of the minor child Jaividyuth, till he attains the age of majority.

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19.02.2026

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Index : Yes/No Speaking Order : Yes/No ssd

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APPENDIX:

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List of Petitioner side Witnesses:

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PW1 : Mrs. Kirthika

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List of Petitioner side Documents:

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Exhibit No.	Date	Description of Documents.
Ex.P.1.	-	Certified copy of petitioner’s marriage invitation
Ex.P.2	-	Photocopy of the birth certificate of Minor S.Jaividyuth
Ex.P.3	22.12.2017	Certified copy of the order dated 22.12.2017 in HMOP No.189 of 2017 passed bythe Subordinate Court, Kovilpatti