The welfare of the child is the paramount consideration in custody cases, and orders are subject to modification based on proof of change of circumstances requiring a change of custody.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 19 of Family Courts Act, 1984 r/s 47(c) of Guardians and Wards Act, 1890, appeal against the fair and decreetal order dated 13.10.2016 made in F.C.G.O.P.No.2 of 2016 passed by the learned Judge, Family Court, Dharmapuri,)

K. Govindarajan Thilakavadi, J.

1. The above appeal arise out of the fair and decreetal order dated 13.10.2016 in F.C.G.O.P.No.2/2016 passed by the learned Judge, Famil Court, Dharmapuri.

For the sake of convenience referred to as husband and wife.

2. By the impugned order, it was directed that the children would remain in the custody of their father/respondent and it will be open to the parties to move the above Court for modification of the said order or for seeking any direction regarding the custody and well being if there is any change in the circumstances.

3. Aggreived by this,the wife is on appeal.

4. The wife had earlier filed F.C.G.O.P.No.2/2016 before the Family Court, Dharmapuri, under Section 7 & 8 of Guardian and wards Act, 1890 seeking the custody of the children. She had also filed another petition in F.C.H.M.O.P.No.27/2016 under Section 13(1)(i-a)(i-b) of Hindu Marriages Act 1955 for the dissolution of marriage. This appeal is preferred only against the judgment and decree passed in F.C.G.O.P.No.2/2016 on the file of the Family Court, Dharmapuri.

5. Before the Family Court, Dharmapuri, the petitioner/wife has filed F.C.H.M.O.P.No.27/2016, in which she had stated that the marriage between the petitioner/wife and the respondent/husband was solemnised on 11.02.2001 at Mallikunda Murugan temple. Out of the said wedlock two children were born and the respondent/husband who was working as a Head Master in Panchayat Union Elementary School used to drink and abuse the wife by demanding money for his personal use. He also suspected her fidelity and subjected her to cruelty. Unable to bear the torture given by the respondent/husband she preferred the complaint before the Dharmapuri Police Station. Inspite of the advice given to the respondent/husband in the police station, he continue to behave unruly, which forced the petitioner/wife to leave the matrimonial home. On 11.09.2015 the respondent/husband sent a legal notice seeking for divorce, which was duly replied by the petitioner/wife on 04.02.2016. However, the respondent/husband did not file any petition for divorce. Hence, the petitioner/wife filed the petition in F.C.H.M.O.P.No.27/2016 in which an order of divorce was granted.

6. The petitioner/wife had earlier filed F.C.G.O.P.No.2/2016 under Section 7 & 8 of Guardian and wards Act,1890 seeking custody of the children. In the said petition, in the said petition she had stated that the respondent/husband never care to look after children and appellant/wife was not allowed to see her children. She had further stated that since she is a teacher by profession she can provide good education and taught good manners to the children when she was in a matrimonial home. Hence, she filed the above petition for the custody of her minor children. The Family Court has directed the custody of the children to remain with the father until there is any change of circumstances.

7. In the counter affidavit the respondent/husband would submit that the petitioner/wife is leading her immoral life and never bothered about the children and their future. Therefore, if the children are given custody to the petitioner/wife their life will be ruined. The respondent/husband will take care of their health, growth, education and development and there is no ground made out to change the custody. Hence, prayed for dismissal of the petition.

8. By the impugned order, the Family Court held that the children would remain in the custody of their respondent/Father and it will be open to the parties to move for modification or for seeking any direction regarding the custody and well being of the children in case if there is any change of circumstances. Accordingly, dismissed