NAGARAJAN Vs. MINOR ASHWIN

JUDGEMENT

(1.) The Civil Miscellaneous Appeal has been directed against the fair and decreetal order dated 01.10.2019 passed in G.O.P.No.385/2018 by the learned Family Court Judge, Cuddalore, thereby declaring that the father of the minor respondents herein, namely, Mr.G.Raji, is the natural guardian of the said minors and directing the appellant herein/respondent therein to hand over the custody of the minor grand children to their Natural Guardian-Father of the minor respondents herein.

(2.) The matter was listed today under the caption, 'for admission'.

(3.) It is a fight between the grandfather and the father of the minor children. The claim of the grand father/appellant herein is that he has given away his daughter Priyadharshini in marriage to Mr.G.Raji on 16.03.2011. After they were living together for few years and giving birth to two male children, namely, elder son Ashwin on 05.12.2011 and the younger son Nishanth on 19.07.2014, due to the reason best known to his daughter, she committed suicide on 27.03.2016. After the death of his daughter, the appellant herein has taken away the minor grand children to his home, as a result, the father of the minor children who was unable to get any response from his father-in-law in getting the custody of his children, approached the Family Court, Cuddalore and filed G.O.P.No.385/2018 under Section 8 of the Guardians and Wards Act, 1890, taking a ground that after the death of the natural mother/real mother, the father is only a natural and legal guardian by virtue of Section 6 of the Hindu Minority and Guardianship Act, 1956 and even in the case of dispute arising between the father and mother, as per Section 6 (a) of the said Act, father stands on higher footing than the mother who can have the custody of the minor children, provided the children have attained the age of 5 years. The further claim of the petitioner therein, namely, the father of the minor children is that he is having a source of income by running a brick kiln and this apart he is also the owner of 3 acres of lands from which he has been eking out his livelihood and finally, it is also pleaded that he was also receiving income from other properties.