Direction for payment of monthly maintenance to the child given by the court.

1. Respondent in I.A.No.282 of 1997 in O.P.No.292 of 1996, on the file of Principal Judge, Family Court, Madras, is the petitioner herein. The revision has been filed under Art.227 of the Constitution of India.

2. Petitioner herein filed a petition for divorce against the respondent. I do not want to delve into the allegations therein except stating that pending proceedings for divorce. Wife filed the above I.A. for getting custody of the child. The Family Court ordered the custody of the child to be given to the mother, and the same is challenged in this revision.

3. In her application for custody of the child, namely, I.A.No.282 of 1997 filed under Sec.26 of the Hindu Marriage Act, she has stated that a female child was born out of the wedlock, and she is now named as Deepika. According to her, the child was born on 12.12.1995, and from the date of birth, the child was in her custody. It is said that the main petition for divorce was posted on 10.3.1997. On that date, her mother-in-law and sister-in-law visited her father at hospital and informed that they are interested in reunion and also expressed their desire to take her back to the marital home, and they also assured that the main petition for divorce will be withdrawn. It is said that thereafter they also visited the respondent herein at Anna Nagar, where she is staying with her brother. On that day, respondent was taken out with all sorts of promises, and also with an assurance that her marital life will be peaceful and harmonious. According to her, she was treated well by the members of the family and she lived with them for four days. She came back to Anna Nagar since her father was hospitalised. Thereafter, on 17.3.1997 also, respondent husbands mother and sister visited her at Anna Nagar. It is said that thereafter, there was a compulsion from the mother-in-law demanding huge amounts, and she was also compelled to sign certain blank papers and she was sent back to her parents’ house with a direction that she should not return unless she brings with her a sum of Rs.50,000 for the purpose of her husbands business. The child was also retained by them. She tried her best to bring the child. But due to the vindictive attitude of her husband and in-laws, she was not allowed to take the child. It is said that the child is only about 15 months and is still under breast-feeding. The child should be kept in the custody of the mother, and that would be in the best interest of the child also.

4. A detailed counter-affidavit was filed by the petitioner herein. It is his case that there is nobody to take care of the child, and the child fell ill. The family circumstances were becoming worse day by day. There was nobody to take care of both the mother and child. He has said that when his father-in-law and sister-in-law expressed their inability to take care of the child and wanted to give custody of the child to him, and they also said that if anything happens to the child, they cannot be made answerable for that. The mother-in-law and (his wifes) sister came to then-house and handed over custody of the child. It is his further case that his wife was not in a position to understand as to what had happened, and even she did not feel the separation of the child, and that being the condition, the mother (respondent herein) cannot have custody of the child. He has said that his mother-in-law is also aged and she is often feeling sick, and except the father-in-law, there is no one to bring up the child, and right from its birth, the child was not attached to the mother, and the child was never breastfed. He has further said that his wife is mentally deranged and, therefore, she cannot claim a right under Sec.6(a) of the Hindu Minority and Guardianship Act, to have custody of the child. Taking into consideration the welfare of the child, it should be allowed to continue with him only, and the custody of the child should not be entrusted to its mother. Regarding the demand f