VADIVEL Vs. UMAMAHESWARI

JUDGEMENT

(1.) Civil Miscellaneous Appeal filed against the order and decreetal order dated 29.04.2011 made in G.W.O.P. No. 44 of 2010 on the file of the Learned Principal District Judge, Namakkal. The facts of the case relate to an unsuccessful married life of two Doctors by Profession and the present appeal relates to the custody of their only child Sudharsan, aged about 10 years now. This dispute started when the boy was 7 years old.

(2.) The Appellant and the Respondent were married on 20.01.2002. Their married life fell apart and the allegations and counter allegations of cruelty against each other surfaced.

(3.) The Appellant/husband filed H.M.O.P. No. 25 of 2010 for divorce before the Sub-Court, Rasipuram. The same was resisted by the Respondent/Wife. The Respondent wife an application dated 07.07.2010 under Section 25 of the Guardians and Wards Act, 1890 for the custody of the minor Sudharsan who was 7 years at that time and was in the custody of the Appellant father.