The father is the natural guardian of minor children under the Hindu Minority and Guardianship Act, 1956, and the source of income of the guardians is considered in custody disputes.

JUDGMENT :

T. Raja, J.

1. The Civil Miscellaneous Appeal has been directed against the fair and decreetal order dated 01.10.2019 passed in G.O.P. No. 385/2018 by the learned Family Court Judge, Cuddalore, thereby declaring that the father of the minor respondents herein, namely, Mr. G. Raji, is the natural guardian of the said minors and directing the appellant herein/respondent therein to hand over the custody of the minor grandchildren to their Natural Guardian-Father of the minor respondents herein.

2. The matter was listed today under the caption, 'for admission'.

3. It is a fight between the grandfather and the father of the minor children. The claim of the grandfather/appellant herein is that he has given away his daughter Priyadharshini in marriage to Mr. G. Raji on 16.03.2011. After they were living together for few years and giving birth to two male children, namely, elder son Ashwin on 05.12.2011 and the younger son Nishanth on 19.07.2014, due to the reason best known to his daughter, she committed suicide on 27.03.2016. After the death of his daughter, the appellant herein has taken away the minor grandchildren to his home, as a result, the father of the minor children who was unable to get any response from his father-in-law in getting the custody of his children, approached the Family Court, Cuddalore and filed G.O.P. No. 385/2018 under Section 8 of the Guardians and Wards Act, 1890, taking a ground that after the death of the natural mother/real mother, the father is only a natural and legal guardian by virtue of Section 6 of the Hindu Minority and Guardianship Act, 1956 and even in the case of dispute arising between the father and mother, as per Section 6(a) of the said Act, father stands on higher footing than the mother who can have the custody of the minor children, provided the children have attained the age of 5 years. The further claim of the petitioner therein, namely, the father of the minor children is that he is having a source of income by running a brick kiln and this apart he is also the owner of 3 acres of lands from which he has been eking out his livelihood and finally, it is also pleaded that he was also receiving income from other properties.

4. Opposing the above contention, the appellant herein/respondent therein has also filed a counter affidavit.

5. After full fledged trial, the learned Family Court Judge, Cuddalore, passed an order, decreeing the GWP. No. 385/2018 on 01.10.2019 as prayed for by the petitioner therein by declaring him as a Natural Guardian of the minor children and also directing the respondent therein to hand over the custody of the minor children to the respondent therein within 60 days. Aggrieved over the same, the present Civil Miscellaneous Appeal has been filed by the appellant herein.

6. Learned Counsel appearing for the appellant submitted that being a Real Estate Owner, the appellant has been earning huge amount with which he will be able to educate his grandchildren and give them better and prosperous life. Learned Counsel for the appellant further submitted that when the paramount welfare of the children is very important and that the children are admittedly now staying with their grandfather/appellant herein, the learned Family Court has wrongly decided the issue against the appellant herein, against the wishes of the children. Therefore, the impugned decreetal order is liable to go, he pleaded.

7. On a mere perusal of the records, we find prima facie case in favour of the father of the minor respondents. The reason being that when the learned Family Court Judge, Cuddalore, has held in favour of the petitioner therein-father of the minor children that he is the Natural Guardian of the minor children as per law and that the natural father is having a source of income through the Brick Kiln and also having 3 acres of land, it is not known why the appellant father-in-law of Mr. Raji, father of the minor children, has not produced any material to show that he is having mor