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2009 Supreme(Mad) 3787

K.CHANDRU
M. J. Janarthanan – Appellant
Versus
K. A. Nagayasamy & Another – Respondent


Advocates Appeared:
For the Petitioner:P.C. Harikumar, Advocate.
For the Respondents:C. Kalaiselvan, Advocate.

Judgment :-

This Petition is filed under Section 25 of the Guardian and Wards Act by the father of the minor children M.J.Kishore and M.J.Poornima.

2. The first respondent is the father-in-law and the second respondent is the brother-in-law of the petitioner. The case of the petitioner was that he got married to one Nagasubbu according to the Hindu Rites and Customs on 22.08.1993. After their marriage, a matrimonial home was set up at No.1, Sembangi Nagar, Thirunindravur. The petitioner was employed in Muscat at that time in Oil Rig and hence, he left his wife with his mother and sisters. The petitioners wife left the matrimonial home without any justification. At the instigation of respondents, a criminal complaint was given by his wife to the All Women Police Station, Avadi.

3. Pursuant to the reconciliation among the family members, the petitioner set up a separate matrimonial home at No.8, Chitraiveedhi, Annanur and were living in the said place. When the petitioner and his wife were living together, she got conceived. Due to advanced stage of pregnancy, she went to her parents house. She gave birth to a male child on 31.07.1996 and they named him M.J.Kishore. After giving birt





































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