R. THEERTHAGIRI Vs. DEVARAJ

JUDGEMENT

(1.) This appeal has been filed by the father challenging the order dtd. 4/3/2021 passed by the Principal District Court, Dharmapuri in G.O.P. No.48 of 2020.

(2.) By the impugned order, dtd. 4/3/2021, the petition filed by the appellant under Sec. 10 of the Guardians and Wards Act seeking to appoint him as the guardian for the Minor T. Thaswika and to direct the respondents to handover custody of the Minor T.Thaswika to him, has been dismissed on the ground that the Minor child was not examined and there is no guarantee given by the appellant that he shall not re-marry.

(3.) Before going into the merits of the matter, it is to be noted that both before the Principal District Court, Dharmapuri in G.O.P. No.48 of 2020 as well as before this Court, the respondents have remained ex- parte, despite service of notice on them. It is also to be noted that to give one more opportunity for the respondents to enter appearance in this matter, a direction was issued to the learned counsel for the appellant to intimate the next date of hearing to the respondents by Registered Post with Acknowledgement Due. As directed by this Court, the learned counsel for the appellant has also sent a communication to the respondents dtd. 10/6/2024 intimating the next date of hearing as 2/7/2024. An Affidavit of Service has also been filed enclosing the communication of the learned counsel for the appellant, dtd. 10/6/2024 along with the acknowledgement cards received by the respondents. Despite the same, the respondents have chosen not to enter appearance in this matter.