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2019 Supreme(Mad) 3

M.V.MURALIDARAN
M. Kamalakannan – Appellant
Versus
R. Sutha – Respondent


Advocates Appeared:
For the Appellant : Mr. M. Sridhar
For the Respondent: Mrs. Hema Sampath Senior Counsel for M/s. R.Meenal

JUDGMENT :

The appellant/husband has filed this appeal assailing the decree and judgment passed by the learned Principal District Judge, Perambalur made in G.W.O.P.No.6 of 2016 on 27.4.2018.

2. The facts in a nutshell are as under :

The petitioner/husband filed a petition under Sections 7 to 9 and 17 of the Guardians and Wards Act, 1890 seeking permanent custody of his minor son, namely, Harshan, who was three years at the time of filing of the petition and is around six years now.

3. The learned Principal District Judge, Perambalur, by decree and judgment dated 27.4.2018, rejected the petition filed by the appellant on the sole ground that the child was four years old and the respondent/mother is having sufficient means to take care of the interest of child. However, the appellant was permitted to see the child between 9 AM and 5 PM on Sundays.

4. Aggrieved by the said judgment and decree, the present appeal is filed.

5. It is the contention of the learned counsel appearing on behalf of the appellant that :

(i) the Court below erred in not considering the yardsticks contemplated under Section 17 of the Guardian and Wards Act, 1890 while deciding the issue of custody of child;

(ii) The Cou








































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