A SAHADEVAN PILLAI AND ORS Vs. R VASANTHAKUMARI

JUDGEMENT

(1.) This appeal relates to the guardianship of an unfortunate minor girl, who had the misfortune of losing both her parents.

(2.) O.P.No. 26 of 1991 was filed by the maternal grandfather and grandmother of the minor child, under the Guardians and Wards Act.

(3.) The minor child's mother by name Indu and father by name Padmakumar were married and the minor girl was born on 22.11.1987. Both the mother and the father were employed at Bangalore. The minor child was attending a nursery school at Malleswaram, Bangalore. The minor's name is Aiswarya. The mother of the minor by name Indu died at Bangalore on 30.1.1991. After the cremation, on 1.2.1991, the minor child's father Padmakumar, his brother Krishnakumar and another brother Chidambara Doss returned to Thakkalai, Nagercoil district. At Thakkalai, the minor child was entrusted to the first petitioner, who is the grandmother. On 16.2.1991, it so happened that the minor's father Padmakumar died at Kootumangalam and his body was cremated on 16.2.1991. On 17.2.1991 it is stated that the minor child was brought from Thakkalai to Kootumangalam for the purpose of offering flowers to the ashes of the deceased father. It was promised that the child will be returned back in the evening. Accordingly, the petitioners sent the minor child along with their son Jeganmohan. Thereafter, the respondents who are the paternal grand-parents and paternal uncle of the minor child refused to return the minor child to the petitioners who are the maternal grand-parents. Certain other allegations are also made with reference to the conduct of the respondents which are not very relevant for the issue before us. According to the petitioners, the paternal grandparents are not qualified to have the custody of the minor child, both because of their age and because of their financial circumstances. According to the petitioners, they are more suitable to be the guardians of the minor child, and the welfare, comfort and happiness of the minor child will be safeguarded if the minor child is left with the custody of the petitioners.