R RAJU Vs. B CHITHRA

JUDGEMENT

(1.) THIS appeal is filed as against the order dated 25.11.2005 passed in G.W.O.P.No.3 of 2004 by the learned Principal District Judge, Virudhunagar District at Srivilliputhur, dismissing the petition filed by the appellant herein to hand over the custody of the minor child to him.

(2.) IT is the case of the appellant before the trial court that the marriage between him and the respondent took place on 07.12.2000. Immediately after the marriage, both of them were living along with the parents of the respondent and out of the wedlock, a female child was born on 26.11.2001 at Rajapalayam. During the stay at the respondent 's house, the appellant was ill-treated by the respondent and her parents. Hence the appellant returned to his parents ' house. The respondent did not join with the appellant and she stayed with her parents for a month. Thereafter, the appellant and the respondent lead their matrimonial life in the appellant 's house. It is the allegation of the appellant that the respondent had to go to her parents ' house without his consent and knowledge. After the child birth, the respondent and her parents did not inform the birth of the child to the appellant and after knowing the delivery, the appellant went to the hospital and attempted to see his new born baby; but the respondent and her parents did not allow the appellant to see the child. The appellant and his parents without minding the ill-treatment of the respondent and his family members went to the respondent 's house and brought the child and the respondent to the appellant 's house. Even thereafter, the respondent used to ill-treat the appellant. The respondent used to take away the child from the matrimonial house to her parents' house without the knowledge of the appellant and his parents. When the same was questioned, the respondent has given an undertaking on 23.06.2003. While so, on 02.10.2003, when the father of the appellant came to the house of the appellant, he saw an unknown person coming out of the house of the appellant. When it was questioned, the respondent went to her parents ' house along with the child as well as her belongings. Hence, the appellant sent a notice on 08.12.2003 seeking for divorce. Though the said notice was received by the respondent, she did not send any reply. During the second week of December, 2003, when the appellant went to the respondents ' house to see the child, he was prevented to the same. Apart from that, the respondent gave a false complaint before the Rajapalayam North Police Station as if the appellant had beaten the respondent. The police made an enquiry with regard to the same and found that the complaint was false and the police had also advised the respondent, after enquiry. Though the respondent had agreed before the police to allow the appellant to see the child, she went against her words. Hence, the appellant filed the petition for custody of the child.

(3.) IN order to prove his claim, the appellant examined himself as P.W.1 and marked 10 documents as Exs.P-1 to P-10 and on the side of the respondent, she examined herself as R.W.1 and marked three documents as Exs.R-1 to R-3. The court below, after considering the entire evidence, dismissed the petition filed by the appellant. Aggrieved over the same, the present appeal has been filed.