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Mother Appointed Sole Guardian of Minor Daughter with Custody & Relocation Abroad

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Judgment dated 7.10.2026 of the High Court at Madras in OP NO.209 of 2025 of B. Sindhu  Vs.  P. Suman

Permanent Guardianship of Minor Daughter and Permission to take her abroad

Sections 3,7, 10, 25 and 26 of the Guardians and Wards Act, 1890.

The marriage of the petitioner wife and the respondent was dissolved by the order dated 14.3.2024.

The prayer in the Guardian Original Petition is to appoint the petitioner/mother as a sole guardian of the minor Aathirai, born on 22.08.2018; grant permanent custody to the mother and also grant permission to take the minor child outside the jurisdiction of this Hon’ble Court.

It is also the case of the petitioner that the petitioner has now been granted permanent residency by the Government of Canada on 03.12.2024 and she is now financially well stable and she is well equipped to take care of the best interest and welfare of the minor child Aathirai.

On the contrary, the respondent/father has not shown any interest to even see the child despite being given visitation right. The respondent has also not chosen to contest the present petition. 23. It is also brought to my notice by Ex.P.13 that the respondent/father has advertised in Tamil Matrimony.com on 25.10.2025 stating that he is a divorcee and he has no children, which clearly confirms the fact the respondent/father has disowned his own minor child and having projected himself to be a divorcee with no children, I do not see the respondent/father to be in any way competent to be a guardian or act in the best interest of the minor child.

In view of the above, I have no hesitation to allow the petition. Accordingly, O.P.No.209 of 2025 is allowed and the petitioner is appointed as permanent guardian of minor Aathirai, minor girl, born on 22.08.2018. The petitioner is also granted permanent custody and she is also granted liberty to take the minor girl Aathirai to Canada, where the petitioner presently resides and employed.

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