(Prayer: a. To appoint the petitioner as the sole, permanent and exclusive custodian of her minor daughter L.Lithika, born on 28/02/2017 b. To appoint the petitioner as the sole and exclusive guardian of the person of her minor daughter L.Lithika, born on 28/02/2017.)

1. This Original Petition has been filed under Sections 3, 7 to 10 and 25 of the Guardians and Wards Act, 1890, filed by the petitioner represented by her Power of Attorney seeking appointment of the petitioner, Dr.Lavanya, as the sole and exclusive guardian of the person of her minor daughter, L.Lithika, born on 28.02.2017, and also for permanent custody of the minor child.

2. The petitioner is the mother of the minor child. The respondent is the father of the minor child. The marriage between the petitioner and the respondent was solemnized on 11.09.2013 as per Hindu rites and customs. Out of the said wedlock, the minor female child L.Lithika was born on 28.02.2017.

3. According to the petitioner, the matrimonial life between the petitioner and the respondent was not peaceful. The petitioner has stated that she was subjected to mental, physical and financial cruelty by the respondent. She has further stated that the respondent did not take responsibility either as a husband or as a father, and that the entire responsibility of maintaining the family and taking care of the minor child was borne by her.

4. It is further stated by the petitioner that the minor child was found to have congenital hearing impairment. The petitioner has stated that she alone took the child for medical consultations, arranged for cochlear implant surgery, met the expenses for surgery, therapy and later upgrade of the cochlear device, and continues to look after the medical, educational and emotional needs of the child. According to the petitioner, the respondent did not contribute financially or otherwise towards the child’s treatment, education or welfare.

5. The petitioner has also stated that she is a qualified medical doctor and that the child has always been in her care and custody. She claims to have taken care of the child’s vaccination, medical treatment, schooling, therapy, food, education and general upbringing. It is her case that the child is emotionally attached to her and that the petitioner alone has been the caregiver, financial provider and decisionmaker for the child.

6. The petitioner has produced the order dated 21.04.2025 passed by the V Additional Family Court, Chennai, in H.M.O.P.No.2976 of 2024. The said divorce petition was filed by the petitioner/mother, Dr.Lavanya, against the respondent/father, Dhivahar, seeking dissolution of marriage on the ground of cruelty. In the said proceedings, the respondent/husband remained absent and was set ex parte for non-filing of counter. Upon considering the evidence let in by the petitioner and the documents marked on her side, the Family Court allowed the petition and dissolved the marriage between the petitioner and the respondent on the ground of cruelty. The said order has been marked in the present proceedings as Ex.P3.

7. In the original petition notice was ordered to the respondent, process was returned as “No residence”. Thereafter, private notice was also taken and an affidavit of service was filed stating that the respondent refused to receive the notice. On an application filed by the petitioner, substituted service was also ordered on 11.02.2026 by way of paper publication. The paper publication was marked as Ex.P4. Despite service, the respondent did not appear before this Court. Therefore, the respondent was set ex parte on 08.04.2026

8. The petitioner examined herself as P.W.1 before the learned Master on 24.04.2026. In her proof affidavit, she has reiterated the averments made in the petition. She has marked the birth certificate of the minor child as Ex.P1, her Aadhaar card as Ex.P2, the order passed in H.M.O.P.No.2976 of 2024 as Ex.P3, copies of paper publications as Ex.P4 series and the certificate under Section 63(4) (c) of the Bharatiya SakshyaAdhiniyam as Ex.P5. The petitioner has also filed a declaration of willingness to act as guardian of the minor child.

9. In the present case, the minor child is a female child aged about nine years. The materials placed before this Court show that the child has been in the care and custody of the petitioner/mother. On the other hand, the respondent/father has not appeared before this Court, despite service. Thus, the petitioner, Dr.Lavanya, is appointed as the guardian of the person of the minor child L.Lithika, born on 28.02.2017.

10. Accordingly, this Original Petition is allowed. No costs. Consequently, the connected applications are closed.