J.SAKTHI DEVI Vs. JOSEPH CHARLESS

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is directed against the fair and decretal order made in G.W.O.P.No.36 of 2015, dtd. 19/11/2018, on the file of Family Court, Madurai.

(2.) The respondent/husband filed G.W.OP.No.36 of 2015 under Ss. 25 and 43 of the Guardian and Wards Act, 1980, for custody of their minor children Gabriel Marianova and Issac, on the file of Family Court, Madurai. The Judge, Family Court, Madurai, after enquiry, allowed the Petition and granted an order of interim custody of the children to the appellant. Challenging the said order, the respondent therein filed the present Civil Miscellaneous Appeal.

(3.) The appellant is the mother of the children by name, Gabriel Marianova and Issac and the respondent herein is the father of the children. According to the respondent, their marriage was solemnized on 23/8/2009 at Fathima Church according to Christian rites and customs and thereafter, there was misunderstanding arose between them and hence, the appellant left the matrimonial home and and they are not allowing him to see the children and the children are with the appellant and therefore, they filed petition under Ss. 25 and 43 of the Guardian and Wards Act.