C. SRINIVASAN Vs. SIVASANKARI

JUDGEMENT

(1.) The fair and decretal order dated 26.03.2019 passed in G.O.P.No.6 of 2016 on the file of the Principal District Court, Dharmapuri, is under challenge in the present civil miscellaneous appeal.

(2.) The appellant/husband filed a petition under the provisions of the Guardian and Wards Act, 1890, seeking a relief of appointing him as a guardian for his minor child Saishivesh and direct the respondent/wife to hand over the minor child to the custody of the appellant/husband. The case was defended by the respondent/wife, mother of the minor child and the trial Court adjudicated the issues with reference to the documents and evidences produced by the respective parties.

(3.) The trial Court found that the allegations raised by the appellant/husband regarding the illegal contact of the respondent/wife with one Mubarak was baseless. Even during the cross-examination, the appellant/husband had deposed that he has not known as to who Mubarak was. In the absence of any proof regarding such allegations, the appellant/husband has raised such allegations in an irresponsible manner. It is easy to make such allegations of character assassination. However, the parties to the matrimonial dispute are expected to produce certain proof, while raising such allegations involving moral value or character of the person.