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IN THE COURT OF PRINCIPAL DISTRICT JUDGE, VELLORE,

VELLORE DISTRICT

Present :- Tmt.S.Ananthi, B.A., B.L.,

Principal District Judge, Vellore

G.W.O.P. No. 34/2017

(In the matter of Minor M.Kirthishvaran)

Saturday, the 05th day of January 2019

Mageshwari …. Petitioner
//versus//
Jamuna …. Respondent

This petition coming before me for final hearing on 13.12.2018 in the

presence of Tmt.N.Selvi, learned counsel for the petitioner, Thiru.S.Arun,
Advocate for the Respondent, subsequently during the course of cross
examination, Respondent called absent and hence set exparte, Paper
publication and General publication effected, No objectors, upon hearing both
sides, upon perusing the entire case records, this Court delivers the
following :-

ORDER

Petition filed U/s 7, 8 and 12 of Guardians and Wards Act, to declare the
petitioner as legally natural Guardian for the Minor M.Kirthishvaran and the
custody of the Minor; and to pass such further orders as this Court deem fit.

2) Petition averments in brief :

The Respondent is the Mother-in-Law of the Petitioner. The petitioner's

marriage was a love marriage. The same was held on 13.07.2012 as per
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Hindu Rites and Customas in a Amman Temple at Andhra Pradesh along with

the son of the respondent nemely Manigandan. The petitioner's husband is an

Auto Driver by profession and both the petitioner and the said Manigandan fall

in love and subsequently the got married. After the marriage, the petitioner,

her husband Manigandan lived in the matrimonial house along with the

Respondent as a joint family. After the marriage, the petitioner's husband

Manigandan, being addicted to alcohol, sat idle in the house and not went to

any job and further started to live a wayward life and didn't care about the

Respondent and her needs. The Respondent's mother developed ill attitude

against the Respondent due to the love Marriage. Since the petitioner's

husband not taken care of the family, the Respondent taking the advantage of

the same, started to harass the petitioner and subjected her to cruelty, treated

her abusing daily and also started demanding dowry.

3) The petitioner's needs were met out by her parents. Taking

advantage of the absence of the husband of the petitioner, the Respondent's

attitude entirely changed and she use to scold the petitioner and even some

times beaten the petitioner hardly. The petitioner's husband being fully

addicted to alcohol, used to beat the petitioner daily and did not take care of

the family. Under such circumstances, the Petitioner's parents without having

any other option, set up a separate family at Saidapet EB Office Backside. But
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the petitioner's husband didn't take care of the petition and did not take care to

the petitioner's daily needs. One day the Respondent came to the petitioner's

house and stated quarreling with the petitioner and his husband and

assaulted her own son. But to a surprise, she went to the Vellore South Police

Station and gave a complaint against her own son and the petitioner's

husband also paid fine the Criminal Court. The Respondent is not a normal

person to deal with. The petitioner sustained many difficulties in the house of

her husband. There is no body to support the petitioner except the parents. In

the mean time the petitioner gave birth to a Male Child on 17.12.2013 at Govt.

Pentland Hospital, Vellore who subsequently was nemed as Kirthishvaran.

After the birth of the male child, the petitioner stayed in her parents house and

after six months she went to the matrimonial house. While being so, on

21/07/2014, the petitioner's husband Manigandan was under severe addict of

alcohol, out of mind, committed suicide by pouring kerosene and putting fire on

him on the same day. After the death of the petitioner's husband, the

Respondent driven the petitioner from the Matrimonial house and the

petitioner without having any other option, left the Matrimonial House along

with her child and she is living with her parents in the above mentioned

address.

4) The Minor Kirthishvaran in under the care and custody of the

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petitioner. The petitioner is working and earning a sum of Rs.7000/- per month

and she is living in her parents house and the petitioner's parents are also

supporting the petitioner in all ways and means. The Minor Kirthishvaran is

under the care and custody of the petitioner alone as she alone is the natural

guardian. Thus now is the petitioner is the defacfto-de-Juric Guardian of the

Minor, there is no other person to look after the Minor. The petitioner alone is

looking after all the needs of the Minor and the minor is only two year old boy

baby who needs the care and custody of his mother at any cost. There is no

adverse interest for the petitioner against the Minor. She dedicated her entire

life for the welfare of the Minor and she is not going to marry another person

and the petitioner being the mother of the Minor is only natural guardian for the

Minor.

5) The petitioner allowed the Respondent to come and see her son. But

having in mind of the previous fact, the color of the Respondent again came to

light and she planned to separate the petitioner from her child due to previous

enmity with the petitioner. The Respondent is now taking advantage on the

Minor Kirthishvaran and she now proclaiming among the relatives that she

needs the Minor Kirthishvaran under her custody. The Respondent has started

giving trouble to the petitioner to grab the child from the petitioner custody and

illegally trying all ways and means to get the child's custody from the petitioner
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and in continuation she is giving threat by way of phone and through so many

other persons for the past three months. Further the Respondent also lodged

a false complaint before the Vellore North Police Station stating various false

allegations and upon colluding with the Respondent, the Vellore North Police

without considering the fact that the petitioner being a lady, used to call the

Petitioner for enquiry and in the said police station, the petitioner was

threatened by the Respondent and the Police to hand over the child to the

Respondent which is against law and principles of natural justice. The

petitioner being the mother of the minor and natural guardian is having every

right of the Minor and the Respondent is not having right upon the Minor.

There is not conflict of interest between the Petitioner and Minor. The

petitioner is of good charater and she alone will give good care, good

education and guide the Minor property and shape his future in the absence of

the Minor's father. The petitioner who is the mother of the minor is a natural

guardian and fit person to be appointed as a guardian for the person of Minor.

The petitioner will not act anything illegally against the interest of minr. Due to

the threat of the Respondent, the petitioner has no other option except filing

this petition.

6) Counter averments in brief :--

The respondent's only son Manikandan married the petitioner out of

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love, however, the said love was a teenage love without much maturity.

Further, after marriage, the petitioner's crush over the said Manikandan

diminished and the petitioner could not satisfy herself from the earning of the

said Manikandan. While so after the birth of the minor the petitioner had

developed illicit relationship with a unknown person, due to which the said

Manikandan ended his life by committing suicide. Thereafter, the petitioner is

in continuous relationship with Singh @ Satheesh and presently the

respondent learnt that the petitioner had married the said Singh @ Satheesh

and given birth to another son Minor.Girivaran.

7) The petitioner is going to work and she is unable to take care of the

minor and the minor has been left under the care and custody of the

petitioner's father who is a drunkard and the petitioner has no time to spend

with the minor and also the said Singh @ Satheesh whom the petitioner

married is not allowing the petitioner to show her love and affection to the

minor. While so the future of the minor in the above circumstances is doomed

and the same will affect the minor both psychologically and physically. Further,

the minor's custody under the petitioner would not have a peaceful

atmosphere for the minor to grow and develop. The respondent is doing gold

covering jewel business at her home and is always readily available to take
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care of the needs of the minor. Further, the respondent has the physical and

financial stability to take care of the minor and of his education, welfare, and

future. The respondent who had lost her only son Manikandan due to the acts

of the petitioner is now eager and willing to provide love and affection towards

the minor and also take care of the minor being the only blood relative and

hirer of the respondent. Further, the minor M.Kirthishvaran life and future will

be doomed in the hands of the petition as of the deceased Manikandan.

8) The fact being that the petitioner had separated the family because

the respondent's son did not heed to the demand of the petitioner and setup a

separate residence. The fact bring that the petitioner in order to make the said

Manikandan dance to her spell separated the family and no cooking up new

story to file the above vexatious petition. The facts being that the Minor

Krithishvaran is her only heir and she does not want him to meet the same fate

of the Manikandan. The welfare of the minor is in peril at the hands of the

petitioner who has been keeping the child beyond the reach of the respondent.

Further, as per the appearance of the child, the child is not growing up in a

proper environment and he is Mal-nourished. The respondent is willing to take

custody of the minor child Minor Krithishvaran by order of this Hon'ble Court

and to bring up the child to a good position in all aspects. The petitioner and

his family are not the proper person to be appointed as guardian of the minor
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infant child and above all the respondent is alone the good guardian.

9) During the course of cross examination of the petitioner, the

respondent called absent, and hence set exparte. Paper Publication and

General Publication also effected. The petitioner examined as PW1 was

examined and Ex P1 to Ex P3 were marked.

10) Now the points for consideration in this petition are:-

1) Whether the petitioner may be declared as legal natural guardian for

the Minor Kirthishvaran and the custody of the Minor? and
2) Whether this petition is to be allowed?

11) POINTS 1 and 2 :-

The petitioner is the mother of the Minor. The Respondent is the

mother-in-law of the petitioner and paternal grand mother of the Minor. The

petitioner filed this petition to declare her as legal guardian for Minor

M.Kirthishvaran and also to declare the custody of the minor in the hands of

the petitioner alone. The petitioner examined herself as PW1. Through PW1,

Ex P1 to Ex P3 were marked.

12) The petitioner adduced evidence as PW1 and deposed the same

facts as averred in the petition. Through the petitioner / PW1, the Copy of the

Birth Certificate of Minor M.Kirthishvaran was marked as Ex P1. The Copy of

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death certificate of petitioner’s husband was marked as Ex P2 and the Copy of

Ration Card of the petitioner was marked as Ex P3.

13) From the evidence of PW1, Ex P1 to P3 reveals that the petitioner is

the mother of the Minor. The petitioner got married one Manigandan who is

the son of the respondent. Subsequently the petitioner’s husband died and

now the petitioner and her Minor son are living separately. The respondent

who is the mother in law of the petitioner is now claiming right over the child

and hence the petitioner prays to declare her as legal guardian and to declare

her custody of the minor as legal one.

14) The Respondent is the mother-in-law of the petitioner. Even though

she filed counter and leveled various allegations against the respondent, the

respondent not come forward to contest the case , subsequently she remained

absent during the proceedings. Since the Respondent remained absent, this

court draws adverse inference against the respondent. So there is no rebuttal

evidence against the case of the petitioner. Considering the fact that the Minor

is the son of the petitioner, the father of the minor was no more, the petitioner

alone is the natural guardian. Whereas the respondent is the mother-in-law of

the petitioner and paternal grandmother is not having any direct right over the

child as the mother is alive. Further, the minor was under the custody of the

petitioner alone after the death of the father. Under such circumstances,
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considering the future interest and welfare of the Minor, this Court feels that

the petitioner is proper and fit person to get declared as guardian for the Minor

and the custody of the child with the petitioner is also declared as legal one.

Accordingly, I am inclined to allow this petition.

In the result, petition is allowed . Accordingly the petitioner Mageshwari

is declared as legal guardian for the Minor M.Kirthishvaran. The custody of
the Minor child along with the petitioner is also declared as legal one.

Dictated to steno-typist, typed by him directly, corrected and pronounced

by me in open court on the 05th day of January, 2019.

Principal District Judge,

Vellore District.
List of witnesses examined in the side of the petitioner:-

PW1 - Tmt.Mageshwari

List of exhibits marked on the side of the petitioner:-

EX.P.1 --- : Copy of Birth Certificate of Minor Kirthishvaran

EX.P.2 --- : Copy of Death Certificate of Petitioner’s husband
EX.P.3 --- : Copy of Ration Card

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P.D.J.