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1993 Supreme(Mad) 322

THANGAMANI
Karuppannan – Appellant
Versus
Sudhamathi – Respondent


Advocates:
V.Subratnanyan, for Appellant. S.Senthilnathan, for Respondent.

Judgement Key Points

The father filed a petition seeking custody of the young child when the child was approximately 21/2 years old. The court considered the welfare of the child, who was then in the custody of the mother, and ultimately directed that the custody be entrusted to the mother, emphasizing the importance of maternal care for a child of tender age. The decision was based on the welfare of the minor, considering factors such as the child's age, environment, and the mother's care and education (!) (!) (!) (!) .


Judgment :

The appellant herein married the respondent in 1986 and a male child was born to them on 16. 1987. The respondent-wife instituted O.P.No.5 of 1990 in the Court of District Judge, Salem against the appellant alleging that soon after the birth of the child, her husband developed a version towards her and drove away from his house. Some two weeks later he came to her residence and forcibly snatched away the child. All mediations failed and the husband refused to hand over the child. And considering the welfare of the child which is 21/2 years old, the husband must be directed to give the custody to the mother.

2. The husband resisted the application contending that the wife chose to live with him only for a short time. Therefore she was practically residing in her mother’s house. She treated him with contempt. After delivery, the mother and child were taken to her mother’s place at Namakkal. There was nobody to look after the child or mother. His mother-in-law is employed as a teacher in Namakkal High School and so she could not attend on the child. When the child attained the age of 3 months, he brought his wife and son to his house at Varguarampatti and wanted his wife to













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