1. This appeal is directed against the order and decree made in GWOP.No.534 of 2004, dated 23.12.2004 on the file of the Family Court, Coimbatore.

2. For the sake of convenience, the parties are referred to as the petitioner and respondent.

3. Facts leading to the appeal are as follows:

Marriage between the parties was solemnised on 29.04.1994, as per the Hindu Rites and Customs and it was registered in the Office of the Registrar, Erode. Out of the wedlock, a male child was born. At that time, the petitioner was the owner of Oil Tanker lorries and doing business in the Coimbatore. Due to strained relationship, the respondent left the matrimonial home and filed M.C.No.245 of 2001 for maintenance in the Family Court, Chennai. The application was dismissed for default, since the respondent did not attend the Court. Thereafter, the respondent filed a Divorce Petition before the Family Court, Coimbatore, with false and untenable allegations. The petition was resisted. During the course of litigation, though the petitioner repeatedly demanded for the custody of the child, but the respondent refused to hand over the child. According to him, the respondent was living with her