T.L. SIVAKUMAR Vs. SUMITHRA @ SUMITHRA SREE

JUDGEMENT

(1.) THE Original Petition is filed under Section 25 of Guardians and Wards Act, 1890 read with Order XXI Rules 2 and 3 of Original Side Rules praying to grant permanent custody of the person of the minor child namely Arun Gowtham born on 5.3.2000 from the respondent to the petitioner and pass such other order as deemed fit based on the facts and circumstances of the case.

(2.) HEARD Mrs.P.V.Rajeswari, learned counsel appearing for the petitioner, Mr.G.Ethirajulu, learned counsel representing Mr.K.Chandru, learned counsel appearing for the respondent.

(3.) 1. In the counter -affidavit, the respondent has stated as follows: - It is admitted that the marriage between the petitioner and the respondent was solemnized as per the Hindu Rites and Customs as stated by the petitioner. At the time of marriage 125 sovereigns of gold jewels along with other silver articles, household utensils have been given as Sridhana for respondent. Respondent stayed for about 5 days at the matrimonial home at Kovilpatti and thereafter the petitioner and the respondent came down to Chennai on 26.11.2007 (wrongly mentioned. It should be 27.11.1996) for the reception arranged by the respondent's parents. After the performance of the reception, the petitioner left the respondent at her parents house, whereupon she requested the petitioner to take her to Coimbatore where the petitioner was residing. The petitioner had turned back after 2 months. When the respondent and her parents requested the petitioner to take the wife to the matrimonial home to Coimbatore, petitioner refused to take stating that he is not in a position to take her to the petitioner's place as his job involves travelling and presently he has no proper residence and it would take him one and half years. Hence, her parents agreed and waited for the petitioner to take the respondent to the matrimonial house.