M.VIJAYAKUMAR Vs. S.MANI

JUDGEMENT

(1.) The present Original Side Appeal is filed challenging order dtd. 28/8/2023 disposing Original Petition No.31 of 2022 filed under the Guardian and Wards Act, 1890. The prayer in the Original Petition was for custody of minor V.Sai Varun (in short 'child') sought under Sec. 25 of the Act.

(2.) A.No.1730 of 2022 had been filed seeking interim custody of the child for a period of three weeks between 1/5/2022 to 22/5/2022, and that period has passed uneventfully. Thereafter, the learned single Judge has disposed the Original Petition by way of the present impugned order, wherein custody has been granted to the respondents, i.e., maternal grandfather/R1, maternal grandmother/R2, maternal uncle and his wife/R3 and R4.

(3.) The matter arises in this context. The appellant was married to one Mrs.Shanthi, daughter of R1 and R2 and sister of R3 on 30/6/2017. Sai Varun born to them on 15/3/2018. Mrs.Shanthi had been suffering with medical ailments, including cardiac issues, which came to the fore at the time of delivery of the child. Just prior to the delivery, she had gone to her maternal home to assist her aged parents, who were also unwell and hospitalised.