Custody granted to maternal grandmother given father's pending criminal charges regarding negligence, ensuring child's best interests are prioritized.

ORDER

This original petition has been filed by the petitioner, the father of the minor child, B. Shree Rangeeni, seeking to appoint himself as the legal guardian and to grant permanent custody of the minor child in his favour.

2) The case of the petitioner is that he married Mrs. Kalpana, the daughter of the respondent, on 18.01.2013 at Thiruverkadu. Out of the said wedlock, a female child, B. Shree Rangeeni, was born on 03.11.2014. The petitioner contends that his wife, Kalpana, died due to medical complications during her second pregnancy. After her demise, the respondent, who is the maternal grandmother of the minor child, allegedly took away the child using money and muscle power, and is currently in unauthorised custody of the child. The petitioner claims he has been deprived of his parental rights and now seeks to be declared the legal guardian and to be granted permanent custody of the minor.

3) On the other hand, the respondent contends that the petitioner never cared for her daughter Kalpana during her lifetime, and that it was she, the respondent, who provided financial support to both her daughter and the minor child. It is further alleged that Kalpana, while she was alive, had lodged a criminal complaint against the petitioner, which was assigned a CSR number. The respondent also alleges that Kalpana’s death was a result of the negligence of the petitioner and his parents. She asserts that the petitioner has neither been a loving husband nor a responsible father, and that the present petition has been filed only to create sympathy and divert attention from the pending criminal investigation related to his wife's death. The respondent, therefore, prays for the dismissal of the petition as devoid of merits.

4) Heard Mr. K.Elango, learned counsel appearing on behalf of M/s.

Krishna Law Associates, learned counsel appearing for the petitioner and Mr.K.Gnanasundaram, learned counsel appearing on behalf of the respondent.

5) Mr. K. Elango, learned counsel for the petitioner, submitted that the petitioner, being the biological father and natural guardian of the minor child, B. Shree Rangeeni, is entitled to be appointed as her legal guardian and to be granted permanent custody. He emphasized that the minor child was born with certain medical complications, including epilepsy and restricted movement in her right limbs, which require consistent medical attention and care. The petitioner contends that he is better placed to provide for these needs and has already shown his commitment by maintaining a life insurance policy of Rs.5 lakhs in the child’s name, and by filing his income certificate (Ex.P4) to establish financial stability. He further states that he is living in a supportive family environment and is fully capable of raising the child with the required medical, emotional, and educational support. He further submits that though the petitioner’s wife gave a complaint in the Police, the same was conciliated by the police and thus the petitioner and his wife reunited and there is nothing to precipitate the matter again.

6) Learned counsel submitted that in the year 2016, the petitioner's wife Kalpana became pregnant for the second time. During that time, the petitioner went on a pilgrimage to Sabarimala, but was in regular contact with his wife, who informed him about her health condition and subsequent hospitalisation. Unfortunately, both Kalpana and the unborn child passed away due to complications. The petitioner asserts that instead of supporting him during the period of mourning, the respondent and her sons levelled false and unsubstantiated allegations against him and even initiated criminal proceedings under Sections 498A and 304B IPC, which were later altered and committed to the Magistrate Court due to lack of sufficient evid