ANTON VICTORIYA Vs. GANESWARI ALIAS BLESSY

JUDGEMENT

(1.) The petitioner in GWOP.No.172 of 2019 on the file of the Principal District Court, Thoothukudi is the revision petitioner.

(2.) The petitioner herein got married to the respondent on 8/5/2008. Due to matrimonial dispute, the petitioner herein had filed S.M.O.P.No.199 of 2016 before the District Court, Thoothukudi and an exparte divorce was granted in favour of the revision petitioner on 7/10/2016. The wife has not filed any application to set aside the exparte divorce decree.

(3.) The couple were blessed with two sons and custody of the sons were retained by the respondent/mother. The revision petitioner herein had filed GWOP.No.172 of 2019. The said GWOP was transferred to the Family Court, Thoothukudi and it was renumbered as GWOP.No.323 of 2023. Pending GWOP, the petitioner had filed I.A.No.163 of 2019 seeking interim custody of his two minor sons for three days in a week. This application was dismissed by the Principal District Judge, Thoothukudi on the ground that the children are very much attached to the mother. The trial Court had further found that the petitioner is living with another woman and therefore, it may not be safe to give interim custody to the petitioner. In the same order, the petitioner was directed to pay a sum of Rs.25,000.00 each to both children towards cost within a period of 10 days. This cost was deposited by the revision petitioner.