The welfare of the child is paramount in custody disputes, and the father was found better suited to provide for the child's needs and emotional well-being.

ORDER :

(K. KUMARESH BABU, J.)

This petition is presented by the father of Minor Child Sachin to appoint him as legal guardian and to grant permanent custody of the child.

2) It is the case of the petitioner that the petitioner and respondents are husband and wife married on 06.10.2011 at Puducherry. Out of their wedlock two minor children were born one is Kishore and the other is Sachin. The petitioner and respondent are separated and living separately since 2018. Both the children also separated along with their parents and the first child lives with the father/the petitioner and the second child with the mother/ respondent. A divorce petition was filed by the petitioner herein in HMOP No.227 of 2021 and the same was ordered Exparte. The petitioner preferred this petition on the ground that the respondent who is the mother of the Minor Child Sachin was working in Thiruvannamalai and not taking care of him and left the child along with her parents.

3) It is the case of the respondent that the petitioner filed the above petition with malevolent and malicious intention of subjecting the respondent to unwarranted harassment, agony and anguish. The respondent has not separated from the petitioner and the petitioner and his mother dropped the respondent in her parent’s house during her second pregnancy. Based on the false promise of the petitioner, the respondent has withdrawn the case for the happy reunion of the family. Though the petitioner did not support the respondent, the respondent managed to take care of the family and herself. The respondent never refused the petitioner to visit the Minor Child Sachin. The petitioner has taken 5 years time to file this petition to suit his needs.

4) Heard Mr.V.V.Sairam, learned Counsel appearing for the petitioner and Mr.R.Sivakumar, learned Counsel appearing on behalf of the respondent.

5) Mr.V.V.Sairam, learned counsel for the petitioner submits that the petitioner and the respondent are doctors who were married on 06.10.2011 at Puducherry. He further submits that the petitioner and the respondent begotten two male children one is Kishore who was born on 06.07.2012 and other is Sachin who was born on 02.02.2017. He further contends that various complaints have been filed by the petitioner against the respondent and vice versa. He further contends that C.C.No.1500206/2015 was filed before the JM-III, Puducherry for the complaint given by the petitioner on 22.06.2012. He further contends that in a complaint given by the respondent, himself and his parents were acquitted in C.C.No.60 of 2013 before the CJM, Puducherry and the same was dismissed on 17.12.2015. He further submits that an H.M.O.P.No.354 of 2012 before the family court at Puducherry was filed by the petitioner and disposed of based on a memo of compromise. He further contends that the respondent worked in Primary Health Centre at Chetpet in Thiruvannamalai District and visited the Petitioner’s residence at Ayyappanthangal in Chennai at weekends only without giving proper care and attention for the minor children. He further contends that the respondent continuously pestered the petitioner to withdraw the criminal case. He further submits that the respondent left both the children with the petitioner in Chennai and went to her parents house in Puducherry on 14.05.2018. He submits that on 06.07.2018, the respondent took younger son Sachin along with her and Kishore refused to go with the respondent.

6) He further submits that the respondent once again filed vexatious and false criminal complaint against the petitioner and his parents for dowry harassment and an FIR No.2 of 2019 was registered and the same was published in Tamil Murasu and Dhinamalai on 17.07.2019 and on 18.07.2019, to tarnish the reputation of the petitioner. He further contends that the petitioner approached this Hon’ble Court to quash the FIR and the said FIR was quashed on 17.03.2023 in Crl.O.P.No.22430 of 2019. Further, the respondent filed DVC No.100 of 2020 befo