IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2022

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN

CIVIL MISCELLANEOUS APPEAL NOS.1143 AND 1144 OF 2017

AND

C.M.P.NOS.5658, 5659, 5660, 5661 & 7554 OF 2017

C.M.A.No.1143/2017:

R.Adhikesavalu

... Appellant/

Petitioner

Vs.

C.Krishna Kumar

...Respondent/

Respondent

C.M.A.No.1144/2017:

R.Adhikesavalu

... Appellant/

Respondent

Vs.

C.Krishna Kumar @ C.K.Kumar

...Respondent/

Petitioner

C.M.A. No.1143 of 2017:

The Civil Miscellaneous Appeal filed under Order 43, Rule 1

of CPC read with Section 47 of the Guardian and Wards Act, 1890,

against the Judgment and Decree passed in G.W.O.P.No.1 of 2014,

dated 17.02.2017, by the District Judge, Tiruvannamalai.

C.M.A. No.1144 of 2017:

The Civil Miscellaneous Appeal filed under Order 43, Rule 1

of CPC read with Section 47 of the Guardian and Wards Act, 1890,

against the Judgment and Decree passed in G.W.O.P.No.7 of 2014,

dated 17.02.2017, by the District Judge, Tiruvannamalai.

https://hcservices.ecourts.gov.in/hcservices/

For Appellant

:

Mr. S. Seenuvasan

in both the appeals

For Respondent :

Mr.S.Babu

in both the appeals

COMMON JUDGMENT

Both the Civil Miscellaneous Appeals had been filed

questioning the common judgment and decree dated 17.02.2017

passed in G.W.O.P.No.1 of 2014 and G.W.O.P.No.7 of 2014 by the

District Court at Thiruvannamalai.

2. By the said Common Judgment and decree, the

aforementioned District Court, Thiruvannamalai had allowed the

G.W.O.P.No.7 of 2014 and had dismissed G.W.O.P.No. 1 of 2014.

3. Both G.W.O.P.No.1 of 2014 and G.W.O.P.No.7 of 2014 had

been filed with respect to the custody of a minor child viz.,

Gowshik.

4. The petitioner in G.W.O.P.No.1 of 2014 is the maternal

grand father of the minor child and the respondent is the father

of the minor child.

5. The petitioner in G.W.O.P.No.7 of 2014 is the father of

the minor child and the respondent is the maternal grand father

of the minor child.

6. The mother of the minor child had unfortunately expired.

The custody of the minor child is now the subject matter of a

lis between the father and the maternal grand father. By a

common judgment dated 17.02.2017, the custody of the minor child

had been granted to the father. Questioning that findings, the

maternal grand father had filed the present two Civil

Miscellaneous Appeals.

G.W.O.P.No.1 of 2014:

(a) This petition has been filed by the maternal grand

father under Section 12 of the Guardian and Wards Act, seeking

to permit him to have the custody of the minor child. It had

been very specifically stated that the child had been born

through the respondent and the daughter of the petitioner by

https://hcservices.ecourts.gov.in/hcservices/

name Sumitha. They had married on 20.02.2009. The child was born

on 12.04.2011. It is claimed that the entire delivery expenses

had been borne by the petitioner. It had been later found that

Sumitha was suffering from Cancer and she was admitted to

Appollo Hospital, Chennai. Substantial amounts had been spent

towards her medical treatment and it is claimed that he had

spent the money but the bills had been handed over to the

respondent to seek medical reimbusement of the amounts spent.

She was later discharged from the Appollo Hospital, Chennai

during October 2012. She again suffered from discomfort, and was

again admitted at Brain and Spine Hospital at Chennai during

July 2013. She died in the hospital on 11.08.2013. It was

claimed that the respondent came to the hospital only then. It

was further claimed that the respondent never cared about the

child. It had been further claimed that Sumitha had written a

letter in her handwriting stating that the child should be

handed over only to the petitioner or her elder sister and

should not be handed over to the respondent. It had been stated

that the child had been living with th