Court appoints mother as permanent guardian of minor after father remains ex parte and disowns child; welfare and financial stability of mother prioritized
In a significant guardianship ruling, the Madras High Court on October 7, 2026, awarded permanent custody and guardianship of a minor girl, Aathirai, born on August 22, 2018, to her mother, B. Sindhu, who is employed in Canada. The court also permitted the mother to take the minor child to Canada, underscoring the paramount importance of the child's welfare.
The case arose after the petitioner, B. Sindhu, moved to Canada for employment and left her daughter in the care of maternal grandparents in Chennai. The father, P. Suman, despite receiving due notice, chose not to participate in the proceedings and was declared ex parte. Evidence revealed that the father had exercised visitation rights only twice shortly after the court's 2024 order and showed no interest thereafter. Moreover, the father publicly disowned the child, as evidenced by his matrimonial advertisement on TamilMatrimony.com, where he described himself as a divorcee with no children.
The court examined various factors including the mother's stable employment as a Senior Specialist at L&T Info Tech in Canada, her permanent residency status granted in December 2024, and her monthly income exceeding 3.8 lakhs INR (approximately 6344 Canadian dollars). These factors demonstrated her financial capability to maintain and educate the child. The child's current care arrangement with maternal grandparents was also considered, with the court noting the father's lack of involvement or concern.
The father's behavior, including his failure to contest the petition, lack of meaningful visitation, and public disownment of the child, led the court to conclude that he was neither competent nor suitable to act in the best interest of the minor. Consequently, the Madras High Court appointed the mother as the sole permanent guardian and granted her permanent custody of Aathirai.
Importantly, the court granted permission to the mother to take the minor child to Canada, recognizing the mother's stable environment and the welfare of the child as the overriding considerations.
This judgment reiterates the principle enshrined in the Guardians and Wards Act, 1890, that the welfare of the minor child is the paramount consideration in guardianship and custody matters.
Bottom Line:
Guardians and Wards Act, 1890 - Welfare of minor child is paramount - Mother working in Canada and financially stable was appointed permanent guardian and granted permanent custody - Permission granted to take minor child to Canada - Father remained ex parte, showed no interest in visitation, and even projected himself as having no children in matrimonial profile.
Statutory provision(s):
Guardians and Wards Act, 1890 Sections 3, 7, 10, 25, 26; Order XXI Rules 2, 3, 11; Letters Patent Clause 17
B. Sindhu v. P. Suman, (Madras) : Law Finder Doc Id # 2994131
