High Court · 2025

OP No. 834 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 01-12-2025CORAMTHE HONOURABLE MR.JUSTICE P. DHANABALOP No. 834 of 20241. S.Ramesh and anotherS/o. V.Swamy, No.31, Maariamman Koil Street, Taramani, Chennai 113.2. Brindha DeviW/o. S.Ramesh, No.31, Maariamman Koil Street, Taramani, Chennai 113.Petitioner(s)Vs1. No RespondentNILPRAYER:- This Original Petition has been filed under Sections 3, 7 to 10 and 29 of Guardians and Wards Act, 1890 read with Order XXI Rule (2) and (3) of Original Side Rules praying to (i) appoint and declare that the petitioners 1 and 2 as the lawful guardian of the person and property of the minor child G. Keerthana born on 04.02.2011 till she attains the age of majority and (ii) to Page 1 https://www.mhc.tn.gov.in/judis OP No. 834 of 2024permit the petitioners to receive the death benefits which includes Death Gratuity, leave encashment and Provident Fund subject to any recovery of dues from his account and to permit the petitioners remain as a guardian of the schedule property developed upon the minor child G. Keerthana in the welfare of the minor.Respondent(s)For Petitioner(s):M/s.r.Rayeesa FathimaORDERThis petition has been filed under Sections 3, 7 to 10 and 29 of Guardians and Wards Act, 1890 read with Order XXI Rule (2) and (3) of Original Side Rules to appoint and declare that the petitioners 1 and 2 as the lawful guardian of the person and property of the minor child G. Keerthana born on 04.02.2011 till she attains the age of majority and (ii) to permit the petitioners to receive the death benefits of the deceased.2. According to the petitioners, they are the natural guardian of the minor child namely G. Keerthana aged about 13 years. The 1st and 2nd petitioners Page 2 https://www.mhc.tn.gov.in/judis OP No. 834 of 2024legally got married and out of their wedlock, a female child namely G. Keerthana born on 04.02.2011. The elder brother of the 1st petitioner namely S. Gopal was residing along with these petitioners, as he was unmarried and he was working at Indian Institute of Technology (IIT), Chennai. Out of love and affection, he approached the petitioners and his another brother namely Mr. S. Selvam to give their consent to give adoption of their children namely G. Sunil S/o. S. Selvam and R. Keerthana D/o. S. Ramesh, to the deceased. Thereafter, as per Deed of Adoption dated 20.01.2012 entered into between the petitioners and the deceased Mr. S. Gopal, the children were given adoption to the deceased Mr. S. Gopal and the same was published in the Gazette in accordance with law. The said Mr. S. Gopal died on 14.09.2022. Thereafter, the minor child G. Keerthana is under the care and custody of these petitioners. The deceased Mr. S. Gopal, during his lifetime, possessed schedule mentioned property and the adopted children namely Keerthana and Sunil are entitled to the said property and to get the service benefits of the deceased, as his legal heirs. The petitioners, being the natural guardian, are the fit persons to be appointed as guardian of the person namely minor child G. Keerthana and property. The Page 3 https://www.mhc.tn.gov.in/judis OP No. 834 of 2024petitioners, absolutely have no adverse interest against the minor child. Therefore, the petitioners have filed this petition.3. After filing of this petition, this Court directed the petitioners to effect paper publication in any one of the issue of Tamil Daily and also in English daily and the paper publication was also effected and there is no any objection from any party. Thereafter, the matter was posted for examination of witnesses. On the side of the petitioners, they were examined as PW1 and PW2 and Ex.P.1 to Ex.P.11 were marked. 4. This Court also perused the evidence and the entire records.5. As per the evidences of PW1 and PW2 and the documents Ex.P.1. to Ex.P.11, it is clear that the deceased Mr. S. Gopal is the elder brother of the 1st petitioner namely Mr. S. Ramesh and the said deceased Mr. S. Gopal is unmarried and he adopted the children of his brothers namely Mr. S. Selvam and Mr. S. Ramesh, the 1st petitioner herein and as per the Deed of adoption Page 4 https://www.mhc.tn.gov.in/judis OP No. 834 of 2024dated 20.01.2012, the deceased Mr. S. Gopal is the father of the children namely Keerthana and Sunil, thereafter, the said Mr. S. Gopal died due to some health issues leaving behind his mother S. Valliyammal and the children namely G. Keerthana and G. Sunil as his legal heirs. The petitioners herein are the biological parents and natural guardians of the minor child namely G. Keerthana. After the demise of the said Mr. S. Gopal, his mother S. Valliyammal and the children Keerthana and Sunil are entitled to get the service benefits and properties of the deceased, as his succeeding legal heirs. Ms. Keerthana, being a minor, is under the care and custody of the petitioners herein. Therefore, the petitioners, being the natural guardian, have filed this petition praying to appoint them as ‘guardian’ for the person and property of the minor child Keerthana and to receive the service benefits of the deceased Mr. S. Gopal, considering the interest of the minor child. There is no any adverse interest for the petitioners against their child and receiving the service benefits of the deceased is necessary for the welfare and interest of the minor child. There is no any objection filed by any party to appoint the petitioners as guardian of the minor child and to receive the service benefits of the deceased Page 5 https://www.mhc.tn.gov.in/judis OP No. 834 of 2024S. Gopal. Therefore, this petition has to be allowed.6. In view of the above discussions, this original petition is allowed under the following terms:(i) The petitioners are appointed as guardian for the person and property of the minor child namely G. Keerthana;(ii) Permission is granted to the petitioners to receive the share of the minor G. Keerthana in the service benefits of the deceased Mr. S. Gopal;(iii) The share of the minor child G. Keerthana in the death benefits of the deceased, shall be deposited under an interest bearing deposit scheme and the receipt shall be deposited before this Court and the minor G. Keerthana, after attaining the age of majority, shall collect the said amount. 01-12-2025mjsIndex:Yes/NoSpeaking/Non-speaking orderPage 6 https://www.mhc.tn.gov.in/judis OP No. 834 of 2024Internet:YesNeutral Citation:Yes/NoAPPENDIX:List of Petitioner side Witnesses:PW1:Mr.S. RameshPW2:Mrs. Brindha DeviList of Petitioner side Documents:Exhibit No.DateDescription of Documents.Ex.P.1.18.10.2024Online copy of the Birth Certificate of Minor child G.Keerthana.Ex.P.220.01.2012True copy of the Adoption Deed of G. Keerthana.Ex.P.321.07.2021True copy of the extract of the adoption published in the Tamil Nadu Government Gazette.Ex.P.4.02.01.2023Photocopy of the Legal Heir Certificate of Mr. S. Gopal.Ex.P.505.07.2024Photocopy of the Requisition letter from IIT, Chennai.Ex.P.6-Copy of the Aadhar card of the 1st petitioner.Ex.P.7-Photocopy of the Legal Heir Certificate of V. Sami.Ex.P.8.28.07.2021Photocopy of the Release Deed.Ex.P.9-Photocopy of the Aadhar card of the 2nd petitioner.Ex.P.10.-Computer generated Death Certificate of Page 7 https://www.mhc.tn.gov.in/judis OP No. 834 of 2024Mr. S. Gopal.Ex.P.11-Affidavit under Section 63 (4) of B.S.A.01.12.2025P.DHANABAL J.mjsOP No. 834 of 2024Page 8 https://www.mhc.tn.gov.in/judis OP No. 834 of 2024 01-12-2025Page 9