T. DAMODARAN Vs. SULOCHANA

JUDGEMENT

(1.) THE civil Miscellaneous appeal is directed against the order of the District Judge, Chingleput, and it relates to the custody of a minor now aged 11 years. The appellant herein is the father and the respondent is his wife. He had married her on 16th September, 1957. When she was pregnant by three months, she went to her father's house. She gave birth to the child in December, 1958. Misunderstandings arose and ever since she is living in her mother's house with the child. The appellant filed O.P. No. 61 of 1958 for restitution of conjugal rights. She contended that she was very badly treated by her husband and that as such there was no ground for ordering restitution. Her contentions were accepted. The petition filed by the appellant was dismissed by the Subordinate Judge, Chingleput. This decision was affirmed by the District Judge, in C.M.A. No. 7 of 1961. Exhibit B -2 is the certified copy of the judgment. During the pendency o these proceedings, the appellant's father executed a settlement deed Exhibit B -4 on 9th February, 1959, in favour of the appellant and his brothers. Meantime, O.S. No. 112 of 1965 was filed by the respondent as guardian of the minor, against the appellant, for partition and separate possession of the minor's half share in the properties. The appellant after receiving summons in that suit, filed the present application before the District Judge, for custody of the minor. The learned Judge has held that he is not entitled to custody. The correctness of this decision is now canvassed in this appeal.

(2.) THE evidence on record establishes that the appellant has shown, utter lack of interest in the minor, ever since December, 1958, when he was born. He has come forward with the present application after receiving the summons in O.S. No. 2 of 1965 wherein the minor sues him for partition of his share. True, the father is the natural guardian and as such he is entitled to the custody, but however paramount the right of a father may be, that right is liable to be defeated, where it is shown that it is better in the interests of the minor and for its welfare that it should remain where it is.

(3.) THE order of the learned District, Judge is therefore correct and the same is confirmed. The civil miscellaneous; appeal fails and the same is dismissed, but in the circumstances without costs.