D VILVANATHAN Vs. G RAJENDRAN

JUDGEMENT

(1.) THIS appeal is directed against the order passed by the learned Principal District Judge, Vellore dated 17. 09. 2002 made in GWOP No. 20 of 1993 in and by which the learned District Judge dismissed the GWOP No. 20 of 1993.

(2.) FOR convenience, I shall refer the parties as arrayed before the District Court.

(3.) THE case of the petitioner-maternal grandfather is briefly stated here-under:-According to the petitioner, he is the maternal grandfather of the minors Yasini Yoganasindhu and Divya, whose dates of birth are 26. 11. 1990 and 12. 08. 1989 respectively; the petitioner's daughter-Tamilselvi was married to the first respondent on 22. 05. 1988 and the minors were born to them; the first respondent was employed as Assistant Administrative Officer in the United India Assurance Corporation; since both were employed the minor children were under the care and custody of the petitioner; Tamilselvi died on 24. 03. 1993 due to burn injuries; right from the date of marriage, the first respondent had been illtreating his wife-Tamilselvi by demanding dowry; the first respondent was given to several vices including wine and women; the petitioner's daughter-Tamilselvi died under tragic and mysterious circumstances; the diary kept by the deceased raised grave suspicion regarding the first respondent's culpability in the crime; even after the death of Tamilselvi, the minor children are continuing to be brought up under the care and custody of the petitioner; the petitioner is a retired Station Superintendent and living in a cosmopolitan atmosphere and the minor children are very much affectionate and attached to the petitioner and his wife and it would be conducive for the minor children to live only with the petitioner; the first respondent has no regard to the welfare of the minor children and he even refused to make financial contribution for their upbringing.