M.VIJAYAKUMAR Vs. S.MANI

JUDGEMENT

(1.) This Original Petition has been filed by the petitioner / father seeking permanent custody of the minor child V.Sai Varun to the petitioner. The brief facts of the case are as follows:

(2.) The petitioner is the father of the minor child Sai Varun who is five years old. The petitioner married one Shanthi who is the daughter of the respondents 1 and 2, on 30/6/2017. The minor child Sai Varun was born on 15/3/2018 for the couple out of their wedlock. Even prior to the marriage, Shanthi had cardiac ailments, but that had not been revealed to the petitioner. Only during the delivery of the child, the petitioner came to know about the complications of her health, especially her cardiac issues. Shortly before her death, Shanthi had gone to her parents' house because both of her parents were sick and they were hospitalized at Billroth Hospital. During that time, she was doing daily household chores there and hence her health got affected. Due to Covid - 19 lockdown, the wife of the petitioner continued to stay in her parents' house. His efforts to bring her to the matrimonial home did not fructify. Shanthi got cardiac arrest in her parents' house and died on 29/10/2021 leaving behind the petitioner and her child Sai Varun who is just 3 years old at that time. At present, the minor child is at the custody of the respondents 1 and 2. The respondents 1 and 2 are the maternal grand parents of the child. The third respondent is the maternal uncle of the child and the fourth respondent is his wife.

(3.) It is submitted by the learned counsel for the petitioner that the petitioner who is the father of the child is the natural guardian and he has good employment and in which, he derives some decent salary. The respondents 1 and 2 without revealing the health issues of their daughter Shanthi, got her married to the petitioner and later she died in the house of the respondents 1 and 2. The child has attained five years now and he is not handed over to the custody of the father. The child's future will be affected and that will not be in the best interest of the child. The respondents 1 and 2 who are the grandparents of the minor child are senior citizens. The third respondent who is the maternal uncle got married and established his own family. Hence it is appropriate to hand over the custody of the minor child to the father who is the petitioner herein.