M. SUBRAMANIYAN Vs. VIJAYARANI

JUDGEMENT

(1.) The Fair and Decreetal order dated 31.03.2015 made in G.O.P.No.2 of 2014 is under challenge in the present Civil Miscellaneous Appeal.

(2.) The appellant is the father of the minors. Admittedly, the minor children are with the custody of the respondent/grand mother. Originally, the respondent/grand mother filed G.O.P.No.2 of 2014 before the Principal District Court, Tiruvarur under Section 8 of the Guardian and Wards Act, 1890 to appoint the respondent as legal guardian of the minor/Lakshanya and minor/Amirtharaj. The marriage between the appellant and the daughter/Late.Pradeeba of the respondent was solemnized on 14.09.2008. As a result of wedlock, the Late.Pradeeba delivered a female child on 19.06.2006 and the male child on 24.09.2013. After delivery, the health condition of the wife of the appellant became critical and she had taken treatment at CMC Mission Hospital, Vellore. She died on 17.12.2013 at Adyar Hospital, Chennai.

(3.) It is contended that the minor children were under the custody of the respondent/grand mother and grand father and all along, the children are with the grand parents. Under these circumstances, the petition was filed by the respondent to appoint her as guardian. The case was contested by the appellant before the Trial Court. the Trial Court considered the issues. Undoubtedly, the father is the natural guardian of the children. The right of the father as a natural guardian cannot be denied. But the interest of the minor children are of paramount importance. The atmosphere and the interest of the children are to be considered by the Courts while considering the petition under the Guardian and Wards Act. The Trial Court examined the minor girl and the minor girl/Lakshanya was found to be quite intelligent. The trial Court made an observation that her body language and attachment towards her grand mother is seen. When such factors were established, the Trial Court formed an opinion that in the interest of the children, the custody must be with the grand parents till they attain the age of majority, more specifically, found that the minor children are happy with the grand parents. Thus, the petition was allowed and the respondent was appointed as legal guardian of the minor children till they attain the majority.