M.S. NATARAJ Vs. MAYAMMA

JUDGEMENT

(1.) THIS is an appeal filed under Section 47 of Guardians and Wards Act, 1980, challenging the final order passed by the learned Senior Civil Judge and JMFC, Hunsur, in Case No. G and W No. 3/2001 dated 19.10.2013 insofar as it relates to the visitation rights given to the respondent herein. The appellant was respondent in the Trial Court and respondent was the petitioner in the Trial Court. Parties will be referred to as the petitioner and respondent as per their status in the Trial Court.

(2.) THE petitioner had filed an application under 7 and Section 25 of the Guardians and Wards Act seeking custody of her grandchild Kum. Pavana till she attained majority. Petitioner is the mother -in -law of the appellant herein. The marriage of the respondent with the petitioner's daughter Nethra @ Nethra had been solemnized on 04.06.2006 according to the customs of the parties. As a result of the legal wedlock, Nethra @ Manjula gave birth to a female child on 05.10.2007. Subsequently, she died due to cancer. The custody of the female child is with the petitioner from 09.04.2011, the date on which her daughter Manjula died. A legal notice was got issued on 28.05.2011 by the petitioner expressing her intention to take custody and look after the child till she attained majority. The respondent did not respond to the notice and hence she chose to file a petition seeking custody of the child.

(3.) MAYAMMA came to be examined as PW1 and two witnesses have been examined on her behalf. The respondent has been examined as RW1.