V. KOUSIKAN Vs. SIVAPRIYAN

JUDGEMENT

(1.) The far and decreetal order dated 11.11.2020 passed in G.W.O.P. No.138 of 2020 is under challenge in the present Civil Miscellaneous Appeal.

(2.) The petitioner before the trial Court is the appellant and the petition was filed under Sections 3, 7 and 10 of the Guardian and Wards Act, 1890. The appellant states that he is residing in United States of America and employed in Docusign as Senior Production Data Engineer. The petitioner admits that the respondent is the natural guardian of the minor namely K.S.SreeDhanu and the appellant residing and working in U.S.A., therefore, he is in a better position to hold the minor with more opportunities for securing admission in India or abroad. For the purpose of securing such an admission, the appellant need a declaration from a Competent Court of Law for acting as a guardian for a minor child namely K.S.SreeDhanu and there was no objection from the respondent. Though the respondent being a father and natural guardian, supported the claim of the appellant in order to secure admission for professional courses either in India or in abroad. Thus, the intention of the parties to the appeal is clear that the petition under the Guardian and Wards Act, is filed so as to get a declaration from the Competent Court in order to secure admission for the minor boy for studying professional courses. The minor boy is studying +2 Course as of now. In these circumstances, the present petition is filed before the trial Court seeking declaration.

(3.) The facts in nutshell are that the mother of the minor died in an accident during the year 2015 and all along the minor boy is living with the respondent / father and grand-parents are looking after the minor. The minor is now studying +2 course. At this juncture, the appellant, who is the maternal uncle of the minor filed a petition before the trial Court seeking declaration. Thus in order to avail the benefit of NRI quota for admission in professional courses or in any other courses, such declarations are sought for.