S RAVIKUMAR Vs. S KAMALATCHI

JUDGEMENT

(1.) This appeal is filed by the husband/appellant as against the order dated 21.12.2015 passed in I.A. No. 9 of 2013 in H.M.O.P. No. 86 of 2014 on the file of Family Court, Tiruvallur. The said I.A. No. 9 of 2013 was filed by the respondent/ wife seeking for a direction to the husband/appellant to give custody of the minor children to her, pending disposal of the Original Petition filed by her for dissolution of the marriage on the ground of cruelty.

(2.) Having regard to the fact that this appeal is filed as against the order passed by the Family Court, Thiruvallur in the interloctuary application filed by the respondent, we are not inclined to deal with the contentions raised in the Original Petition filed by the appellant as well as the respondent in detail. However, for disposal of this appeal, certain facts, which are necessary and germane alone are dealt with by us.

(3.) The marriage between the appellant and the respondent was solemnised on 19.05.1999 at Sri Lakshmi Thirumana Maligai, Iyyappanthangal, Chennai as per Hindu rites and customs. After the marriage, the appellant and the respondent lived at the house of the appellant at No.1/63-A, Pillaiyar Koil Street, Iyyappanthangal, Chennai - 500 056. Due to the wedlock, two children were born namely Master. Ajay Kumar, born on 03.05.2000 and Baby. Ishwarya, born on 18.10.2004. While so, due to difference of opinion between the appellant and the respondent, the respondent left the matrimonial home on 23.12.2012 leaving the minor children in the custody of the appellant. Thereafter, the respondent has filed H.M.O.P. No. 5 of 2013 for dissolution of the marriage on the ground of cruelty. The said HMOP No. 5 of 2013 was subsequently re-numbered as HMOP No. 86 of 2014. The appellant also filed H.M.O.P No. 238 of 2013 for restitution of conjugal rights on the ground that inspite of his best efforts to bring the respondent back to the matrimonial home, he could not succeed