B. CLEMENT ROGER Vs. S. MARY SUSHMITHA

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is directed against the order passed by the Principal District Judge, Theni dismissing the Petition seeking guardianship of the minor child born to the Petitioner and respondent.

(2.) Heard the learned counsel appearing on either side and perused the materials placed before this Court.

(3.) The case of the appellant as averred in the Original Petition reveals that he married the respondent on 8/11/2010 as per Christian Rites and Customs. They were living at Theni. After marriage, they established their marital home at Chennai. A male child by name C.Joen Christopher was born to them on 22/8/2011. After the respondent got employment in Tamil Nadu Medical Service and posted in Theni Medical College, the spouses got separated. The respondent was living with her parents at Theni, whereas, the petitioner used to visit her during weed ends from Chennai. In the month of December 2012, the respondent got transferred to Chennai and both reunite and got their family established at Kelleys, Chennai. Due to personal friction between them, the respondent left her husband on 3/6/2013 and came back to Theni along with the minor child. Making allegation that he has been put to several threat by the respondent that he will be prosecuted for dowry harassment and domestic violence, his tranquility was disturbed by the respondent. Since the child was up-rooted from Chennai disturbing his duties, G.W.O.P.No. 15 of 2016 was filed by the appellant to appoint him as the guardian of the minor child. Even before that, the respondent herself had approached the Court seeking guardianship, but, it was withdrawn later.