R CHANDRASEKARAN Vs. C UMAMAHESWARI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is against the order passed by the learned Principal District Court, Erode in GWOP No. 53 of 2005 as regards the appointment of guardian of two minor children.

(2.) The appellant herein is the father of the minor children, Sanjuktha and Vigneswaran. Admittedly, the relationship between the appellant herein and the respondent is a strained one. The respondent has filed HMOP No. 20 of 2002 for judicial separation on the file of the Principal Subordinate Judge, Erode. The respondent has filed a petition under Section 7(a), 8 and 10 of the Guardian and Wards Act to appoint her as the guardian of the minor children. The learned Sub Judge passed an order on the application allowing the mother to be appointed as the guardian of the two minor children. Aggrieved by the same, the father has come on appeal before this Court, contending that contrary to the desires of the children and much against their interest and without any due regard to the wishes of the minor children, the Court below had passed the order appointing the mother as the guardian and sought permission of this Court to ask the minor children to appear before this Court to express their desire and preferences to stay either with the mother or with the father.

(3.) In the meantime, the respondent had moved this Court in HCP 561 of 2010 that the husband the appellant herein had forcibly taken the custody of the children. The Division Bench adjourned the hearing of the case and directed the listing of the CM.A. to have the benefit of the order in the CM.A.