B. PUSHPARAJ Vs. T. CHINNATHAMBI AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the appellant through video conferencing due to the Covid-19 pandemic.

(2.) The father of the minor boy P.Giridhar, has filed this civil miscellaneous appeal challenging the correctness of the impugned fair and decretal order dated 29.10.2012 passed in G.W.O.P.No.32 of 2009 by the learned Principal District Judge, Vellore, Vellore District. The appellant is the natural guardian of Master P.Giridhar, who was born on 10.10.2008 out of the wedlock on 17.6.2007 with Seenu alias Dhanalakshmi.

(3.) Mr.M.Santhanaraman, learned counsel appearing for the appellant pleaded that the appellant's wife Seenu alias Dhanalakshmi, after living happily with the appellant/husband, entertaining a frivolous and trivial suspicion that her husband was having an affair with another lady, committed suicide by consuming poison and died on 1.7.2009 without there being any reason or justification for her doubt. Thereafter, the first respondent, being the father in law of the appellant, gave a false complaint against the appellant, his mother and his elder brother for the alleged offence under Sections 498-A and 304-B of the Indian Penal Code. However, the appellant surrendered before the Court on 9.7.2009 and he was enlarged on bail on 5.8.2009. Although the minor Giridhar was under the care and custody of the appellant and his wife Seenu alias Dhanalakshmi till the death of Seenu alias Dhanalakshmi and the surrender of the appellant before the Court, taking advantage of the absence of both parents, the first respondent, grandfather of the minor Giridhar, had taken custody of the minor. Immediately after the grant of bail, the appellant went to the house of the respondents and demanded the custody of the minor son to him. But the respondents refused to handover the custody of the minor son, although they were aware of the fact that they are illegally keeping the minor in their custody. Therefore, the appellant filed a petition under Sections 7 and 8 of the Guardian and Wards Act, 1890 before the District Court, Vellore seeking an order to appoint him as the legal guardian of the person and property of the minor son Giridhar with a further direction to the respondents to handover the custody of the minor to the appellant.