M.U. PONNANNA Vs. VISHMA M.P.

JUDGEMENT

(1.) In all these three appeals, three separate orders dated 2.3.2015 passed by the learned Sr. Civil Judge, Virajpet, in M.C. No. 18/2013 on I.A. Nos. 2, 3 and 4, are called in question in these appeals.

(2.) I.A. No. 2 was filed by the appellant herein; whereas I.A. Nos. 3 and 4 were filed by the respondent in these appeals before the Trial Court. I.A. No. 2 was filed by the appellant seeking custody of the female child aged about 5 years viz., Manya Muthamma. I.A. No. 3 was filed by the respondent herein seeking interim custody of the very child during the subsistence of I.A. No. 4. I.A. No. 4 was filed by the respondent seeking permanent custody of the very child. All these applications were heard together by the Trial Court. However, separate orders are passed on the very day i.e., 2.3.2015, which are impugned in these appeals.

(3.) Records reveal that the appellant herein M.U. Ponnanna is the husband of the respondent herein. Out of the wedlock a female child viz., Manya Muthamma is born. Now the child is aged about 5 years. In the meanwhile, the matrimonial differences arose between the appellant and the respondent. As they could not continue and live together as husband and wife, they filed joint petition under Sec. 13 -B of the Hindu Marriage Act (Hereinafter referred to as 'the Act') seeking divorce by consent. The said petition was numbered as M.C. No. 18/2013.