The Madras High Court has appointed a mother as the permanent guardian of her minor daughter and granted her permanent custody, permitting her to take the child to Canada, where she lives and works. Justice P.B. Balaji passed the order on October 7, 2026, after examining the mother's employment records, evidence concerning the child's care and the father's conduct.
Background
The petition was filed under the Guardians and Wards Act, 1890, seeking sole guardianship, permanent custody and permission to take the child outside the court's jurisdiction. The parents' marriage had been dissolved by an order dated March 14, 2024. Their daughter had been born on August 22, 2018.
The mother had moved to Canada for employment in December 2022, leaving the child in the care of her maternal grandparents in Chennai. The child's maternal grandfather filed the guardianship petition under a power of attorney executed by the mother and also gave evidence before the court.
According to the petitioner's case, the father exercised his visitation rights only twice, on June 15 and July 6, 2024, and did not make further efforts to meet the child. Despite receiving notice of the guardianship proceedings, he did not appear before the court or contest the petition.
Justice P.B. Balaji examined the oral and documentary evidence submitted by the mother's side, including records relating to her employment and financial position in Canada. The court noted that she was employed as a Senior Specialist with L&T Infotech and earned 6,344 Canadian dollars per month, approximately equivalent to more than ₹3.8 lakh at the time recorded in the judgment.
The court found that the evidence sufficiently demonstrated the mother's ability to meet the child's maintenance and educational expenses. It also considered the father's limited visitation and his failure to participate in the proceedings.
A significant factor was a matrimonial advertisement submitted as evidence, in which the father had reportedly described himself as a divorcee with no children. The court considered this alongside the other material before it while assessing his suitability to act as the child's guardian.
After considering the evidence and circumstances, the High Court allowed the petition. Justice P.B. Balaji appointed the mother as the child's permanent guardian, granted her permanent custody and permitted her to take the minor daughter to Canada, where she resides and works.
The court directed that there would be no order as to costs.
