JUDGMENT

This Civil Miscellaneous Appeal is filed against the fair and decreetal order passed in IA No.1 of 2022 in GWOP No.465 of 2022, dated 15/09/2023 by the Principal District and Sessions Judge, Virudhunagar.

2.The facts in brief:-

GWOP No.465 of 2022 was filed by the respondent herein under sections 7(1)(a), 8 and 25 of the Guardian and Wards Act, with the following averments:-

The first appellant herein is her husband. Their marriage was performed on 23/05/2021 in Rajapalayam as per their customary rites. Two childrens were born to them out of the wedlock. The first children was born on 09/09/2012 by name R.Shradhadha. Second children was born on 04/02/2018 by name K.R.Sahidh. The first children is studying 6th standard in Chinmaya Vidyalaya School at Rajapalayam. Second children in Prashada Pradasala at Rajapalayam. Both are in the care and custody of the respondents 2 and 3.

3.After the marriage, the petitioner and the respondents are living in Ariyalur. During that time, she was treated cruelly and the first respondent never take any care of the family affairs. He was also spreading false news against the petitioner. On 29/05/2022, the petitioner was driven out of the house by the first respondent by separating the childrens. Now the childrens are in the custody of the respondents 2 and 3. He gave a false complaint against the petitioner before the Superintendent of Police, Rajapalayam. During the police enquiry, the childrens were taken by him. In spite of repeated request and panchayat, the first respondent has not come forward either for reunion or restoring their childrens to their custody. He filed HMOP No.85 of 2022 before the Sub Court, Srivilliputhur seeking judicial separation.

4.The first respondent is working as Senior Manager in Ramco Cements, Ariyalur. So, he is having no time to take care of the childrens. In spite of the above said job nature, he wanted to retain the custody of the childrens. Welfare is the paramount consideration. That must be kept in the custody of her. So that, he can take care, look after their affairs and bring them in a proper manner. So, the petition filed seeking the relief.

5.Counter was filed by the respondents in the main petition repudiating the averments made in the petition. It is the counter allegation that the respondent herein is a short tempered and used to pick up quarrel unnecessarily, used to insult and scold the parents of the first respondent. In-spite of that, he was taking proper care and welfare of the family, she was frequently picking up quarrel after the birth of the childrens. With his parents used to threaten that she will commit suicide. Because of the job nature, he used to return to the house some-time in the mid night also. Without properly realizing the situation, she used to pick up quarrel. She voluntarily left the matrimonial home in the month of October 2021 by picking up quarrel by leaving the childrens in that house. After panchayat, she was taken to the matrimonial home. Again, she picked up quarrel on 25/05/2022 demanding property right in her favour which was standing in the name of the first respondent's father. She attempted to commit suicide by taking chemicals. Later, she left the matrimonial home by leaving the childrens in the parental home. Only thereafter, he filed HMOP No.85 of 2022 before the Sub Court, Rajapalayam. Now with the help of the 3rd respondent, he is taking care of the childrens, she lodged a complaint before the Rajapalayam Police Station. But the police advised her to get remedy from the Court. Since the welfare of the childrens are the prime consideration, the petition filed by the petitioner must be dismissed.

6.Pending proceedings, IA No.1 of 2022 was filed seeking interim visitation right and custody for two hours daily and full day during week end days namely Saturday and Sunday.

7.In that petition, the Court found that the husband is not taking care of the children, but the childrens are in the custody of his parents.