ANGAYARKANNI @ KAYAL Vs. T. E. BALAJI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed against the order passed by the learned Family Court Judge, Salem in GOP No.3 of 2017.

(2.) The respondent, as the petitioner, filed GOP No.3 of 2017 alleging that the minor children B.Sruthi and B.Prajeth Raghav were born to the respondent and appellant. The appellant is an immoral lady and she has adulterous relationship with various persons and used to have sex chats using her mobile phone and face book. Their daughter saw the appellant was exposing her body in a video chat with some body on 03.01.2017. She has also seen the appellant talking in whatsapp chat with her paramour on 26.01.2016. When the respondent questioned the activities of the appellant, she left the matrimonial home leaving the children in the custody of the respondent. On 26.12.2016, the appellant tried to take the custody of minors forcibly and on 26.01.2017 at about 9 p.m, appellant's paramour Shikender tried to assault the respondent. Therefore, a case in Crime No.35 of 2017 under Section 497 and 506(ii) of IPC was registered against the appellant and her paramours. In the said circumstances, this petition has been filed for ordering permanent custody of minor children B.Sruthi and B.Prajeth Raghav with the respondent.

(3.) It is seen that the appellant has filed a memo on 04.03.2017 stating that she has no objection to appoint the respondent as permanent guardian of minor children. Taking note of the consent given by the appellant, the learned Family Court Judge allowed the petition and appointed the respondent as guardian of minor children B.Sruthi and B.Prajeth Raghav. The appellant has now filed this appeal alleging that the memo was obtained under coercion and threat and therefore, she prayed for setting aside the order of the learned Family Court Judge.