(Prayer IN O.P.No.454 OF 2025 - Original Petition filed under Sections 3, 7 to 10 & 25 of the Guardians and Wards Act, 1890, read with Clause XVII of the Letter Patent read with Order XXI Rule 2 of O.S. Rules a) to grant the petitioner, the permanent custody of the minor children i) S.Melvin Samuel, 5 years and 4 months old born on 18.01.2020 and ii) S.Marvin aged 2 years and 9 months old born on 04.08.2022; b) to appoint the petitioner as a legal guardian of the person and property of the minor children i) S.Melvin Samuel, 5 years and 4 months old born on 18.01.2020 and ii) S.Marvin aged 2 years and 9 months old born on 04.08.2022. PRAYER IN O.A.No.934 OF 2025 – Original Application filed under Order XIV Rule 8 of O.S. Rules, read with Order XXXIX Rules 1 and 2 of the C.P.C., to grant interim injunction restraining the Respondents 1 and 2 from interfering with the peaceful custody of the minor children (i) S.Melvin Samuel 5 years and 4 months Old born on 18.01.2020 and (ii) S.Marvin aged 2 years and 9 months old born on 04.08.2022, with the Applicant pending disposal of this Guardian O.P In G.W.O.P.No.454 of 2025.)

1. The petitioner has filed the above Original Petition seeking permanent custody of his two minor sons, namely, S.Melvin Samuel, born on 18.01.2020 and S.Marvin, born on 04.08.2022, and for his appointment as guardian of the person and property of the minor children.

2. The case of the petitioner is that he is the biological father of the minor children. His wife, Mrs.Mercy, who was working as a Sub-Inspector of Police, died in a road accident while on duty on 20.03.2025. The respondents are the parents of the deceased and maternal grandparents of the minor children. According to the petitioner, after the demise of his wife, the minor children have been continuously residing with him and are under his care and custody. The children are pursuing their education at Grace Park Public School, Thirunindravur. The petitioner is employed as a PET Teacher and has stated that he has sufficient income and a suitable environment to take care of the minor children.

3. It is the further case of the petitioner that the respondents attempted to interfere with his custody of the minor children and are also in possession of certain documents, jewels and other articles belonging to his deceased wife and the minor children. Hence, the petitioner has filed the above Original Petition.

4. The petitioner has also filed A.No.4447 of 2025, seeking return of the jewels, documents and other articles mentioned therein, stated to belong to his deceased wife and the minor children. He has further filed O.A.No.934 of 2025, seeking interim injunction restraining the respondents from interfering with his peaceful custody of the minor children pending disposal of the Original Petition.

5. Though notice has been personally served on the respondents, they have neither entered appearance nor contested the proceedings. Hence, they are set ex-parte.

6. The petitioner examined himself as P.W.1 and marked Exs.P1 to P23. The documents include the marriage and birth records, death certificate of the petitioner's wife, school bonafide certificates of the minor children and other documents relating to the family circumstances. There is no contra evidence on the side of the respondents. Thus, the evidence of P.W.1 remains uncontroverted.

7. Heard the learned counsel for the petitioner and perused the materials available on record.

8. The welfare of the children is the paramount consideration. The petitioner is their father and their only surviving parent. The children are already under his custody and are being educated by him. There is nothing on record to suggest that he is unfit to have their custody or unable to discharge his duties towards them. Having regard to their age, their present custody and their schooling, their welfare plainly lies in their continuing with him.

9. A word is necessary on the prayer for appointment as guardian of the person. Section 19 of the Guardians and Wards Act, 1890 provides that nothing in that Chapter shall authorise the Court to appoint or declare a guardian of the person of a minor whose father or mother is living and is not, in the opinion of the Court, unfit to be guardian of the person of the minor. The father here is living and is not unfit. In any event, a father is the guardian of his child because he is the father, and an order of this Court can add nothing to what the law has already given him.

10. Insofar as the property of the minor children is concerned, the petitioner shall administer the property and amounts, if any, belonging to the minor children strictly in accordance with law and shall obtain the permission of the competent Court to whenever required for sale or otherwise alienating the property of the minor children.

11. Accordingly OP No. 454 of 2025 is disposed of and the petitioner, Samson R K, is appointed as a legal guardian of the property of the minor children S.Melvin Samuel and S.Melvin Samuel. Consequently, the connected application is closed.