This Petition has been filed under Sections 3, 7 to 10 & 26 of the Guardians and Wards Act, 1890 read with Order XXI, Rule 2 and 3 of Original Side Rules, seeking appointment of the petitioner as a Legal Guardian of the person of Minor Ria Kaylee D'roza and enable the petitioner to obtain Visa for Minor Ria Kaylee D'roza to reside in New Zealand or any other country and for costs.
2. The petitioner married the respondent on 23.08.2009 at St.Francis Xavier's Church, Pallavaram, Chennai as per the Christian Rites and Customs. Out of wedlock, one female child as born to them on 23.06.2013. It appears that due to misunderstanding, the petitioner living separately from February 2013.
3. It is averred in the petition that the petitioner filed a petition for divorce by mutual consent under Section 10(A) of the Divorce Act before the learned I Additional Family Court, Chennai and the learned Judge, by an order dated 23.02.2017, dissolved their marriage by a Decree of Divorce by mutual Page No.1/6 http://www.judis.nic.in O.P.No.1140 of 2018 consent.
4. It is stated in the petition that the petitioner left India in September 2016 for better carrier and future at New Zealand and left the child under the care and custody of her parents, because her work in New Zealand did not permit her to take the child along with her. It is further stated in the petition that after the passing of the Decree for Divorce on 23.02.2017, the respondent did not come to meet the child every month as per his entitlement and visited the child only on her birthday on 23.06.2017 and once again December 2017 during the Christmas period.
5. It is further stated in the petition that though the petitioner sent a legal notice to the respondent on 28.08.2018, calling upon him to permit the petitioner to take the child Minor Ria Kaylee D'roza to New Zealand and to sign all the necessary Visa forms/papers to enable her to obtain a Visa to travel New Zealand and continue to be under the personal care and custody of the petitioner, the respondent did not chose to give any reply nor comply with the demands made in the notice. Alleging that the respondent is not taking care of Minor Ria Kaylee D'roza, the petitioner has filed the present Original Petition, seeking a direction to appoint her as the guardian of Minor Ria Page No.2/6 http://www.judis.nic.in O.P.No.1140 of 2018 Kaylee D'roza and enable the petitioner to obtain Visa for minor Minor Ria Kaylee D'roza to reside in New Zealand or any other country.
6. The father of the petitioner, viz., Mr.A.Padmanaban was examined as P.W.1 and filed proof affidavit, reiterating the averments contained in the petition and marked Exs.P1 to P7 Exs Documents Dated P1 Original General Power of Attorney executed by the 18.09.2018 petitioner Mrs.S.P.Kavitha in his favour P2 Computer generated birth certificate of the minor Ria - Kaylee D Roza, who was born on 23.06.2013 P3 Certified copy of the order passed in O.P.No.2368 of 2016 23.02.2017 by the First Additional Family Court at Chennai P4 Photocopy of the petitioner's passport bearing - No.M2222671 P5 (Series 7 Nos) are the Pay slips of the petitioner - P6 Office copy of the legal notice along with original postal 28.08.2018 receipt and acknowledgement card P7 Photograph of the minor Ria Kaylee D Roza along with - compact disk He has also stated that he has not filed any other petition before any other Court seeking the same relief.
7. Despite service of notice and the name of the respondent having been Page No.3/6 http://www.judis.nic.in O.P.No.1140 of 2018 printed in the cause list, there is no representation on behalf of the respondent.
8. Learned counsel for the petitioner submits that the respondent is not acting for the benefit of the minor child.
9. Considering the relevant materials and after hearing the arguments, this Court is inclined to allow this petition, especially, when the respondent/husband has not chosen to appear either in person or through counsel.
10. In fine, this petition is ordered as prayed for, by appointing the petitioner/wife as the Guardian of the person of minor Ria Kaylee D'roza. The petitioner shall execute a Guardian Bond for a sum of Rs.25,000/- in favour of Assistant Registrar O.S.(II), High Court, Madras.
24.09.2019 rns Page No.4/6 http://www.judis.nic.in O.P.No.1140 of 2018 K.KALYANASUNDARAM, J.
rns O.P.No.1140 of 2018 24.09.2019 Page No.5/6 http://www.judis.nic.in