SIVASHANMUGHARAJA Vs. S NARMATHAI

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal which is directed against the judgment and decree dated 04. 11. 1997 passed in O. P. No. 75 of 1997 by the Principal District Judge, Cuddalore, (in short "the Tribunal") is preferred under Section 149 of the Guardians and Wards Act, 1890.

(2.) THE respondent herein who was the petitioner before the Tribunal filed an Original Petition under Sections 7 and 10 of the Guardians and Wards Act read with Hindu Minority and Guardianship Act to appoint her as the guardian of her son Jayabalaji (who was a minor at that time) and for his custody as well.

(3.) HER case before the Tribunal was that she married the appellant on 29. 01. 1990 and out of their wedlock, a male child was born to them on 10. 09. 1993; the appellant was guilty of adultery with one Revathy and he brought her to their matrimonial house and forced her to live along with the said Revathy; in course of time, the appellant started inflicting cruelty upon the respondent and hence, she left the matrimonial house in May 1997 and started living with her mother and the child was in the custody of the respondent. According to her, the child was aged four years and it needed utmost care and affection; the respondent was not employed anywhere but was only running a finance business and was always busy in his business and hence, the child had to be in her custody. Before the Tribunal, she was the sole witness and she marked one exhibit as documentary evidence.