M.PANCHAVARNAM Vs. ARTHI

JUDGEMENT

(1.) The present Civil Miscellaneous Appeal has been filed against the order dated 22.08.2016 passed in GWOP.No.12 of 2013 by the Principal District Court, Ramanathapuram.

(2.) The facts in nutshell as narrated by the counsel for the appellant are that the appellant is the father-in-law of the respondent and his only son namely, Palanikumar, married the respondent on 08.09.2011 and out of the wedlock, a male child was born on 11.07.2012. The only son of the appellant died in a road accident on 24.02.2013. After the death of his son, the respondent/daughter-in-law was in the house of the appellant for sometime and thereafter, went to her parents' home. The appellant filed GWOP.No.12 of 2013 before the Principal District Court, Ramanathapuram, seeking custody of the minor child now aged 4 years. The reason stated by the appellant is that his grand son was with him for about 10 days after the death of his son and thereafter, the respondent filed a complaint before the All Women Police Station and she had taken away the child by threatening the appellant. The appellant/paternal grand father filed the petition for custody of the child. The ground for custody stated by the appellant is that the respondent is studying 10th Standard and for that purpose, she is going out and therefore, she is unable to maintain the child properly.

(3.) The contention of the respondent is that after the death of her husband, the appellant/father-in-law ill-treated her and had gone to the extent of beating and used abusive languages against her. Further, the respondent contended that the appellant illegally detained the child and driven out her from the house. The respondent finally filed a police complaint before the Uchipuli Police Station and after the intervention of the police, the respondent was able to secure her minor child aged about one year at that point of time. Further, the respondent contended that the appellant and his family members are not returning the articles and the jewels of the respondent which are under the custody of the appellant's family. Due to all these issues, the appellant with a view to harass the respondent, filed a petition for custody of the minor child.