RAMACHANDRAN Vs. PALANIAMMAL

JUDGEMENT

(1.) The Fair and Decreetal order dated 17.12.2015 made in G.O.P.No.210 of 2014 is under challenge in the Civil Miscellaneous Appeal.

(2.) The appellant is the father of the minor and the respondent is the mother. The appellant filed the application under Section 25 and 12(1) of Guardian and Wards Act,1890 to direct the respondent to hand over the custody of the minor son to the appellant or in alternate, to direct the respondent to permit the appellant to spend some hours with the child.

(3.) The marriage between the appellant and the respondent was solemnized on 08.11.2008 and they lived happily as husband and wife. A Male child born from and out of the wedlock on 24.03.2009, named as Vishanth. On account of the difference of opinion, both the appellant and the respondent are living separately. The respondent was willing to resume the matrimonial home and the same did not happened. Thus, the appellant/husband filed a petition, seeking the custody of the minor son as he has more love and affection towards the son. The respondent/wife defended the petition by stating that the appellant was having illicit intimacy with one Smt.Rajeswari, who is already married and having a son. The appellant/husband is maintaining the said Rajeswari and her child and it was known to the respondent/wife only after the marriage. The respondent/wife requested the appellant to give up the relationship with the said Rajeswari. However, the appellant continued the relationship with the said Rajeswari. Thus, the dispute arouse between the spouses and the respondent was forced to leave the Matrimonial home. The respondent/wife is living with her parents along with the minor child.