J. MEENA Vs. T. MANIKANDAN

JUDGEMENT

(1.) Children are not mere chattels nor are they toys for their parents. Absolute right of parents over the destinies and the lives of their children, in the modern changed social conditions must yield to the considerations of their welfare as human beings so that they may grow up in a normal balanced manner to be useful members of the society and the guardian court in case of a dispute between the mother and the father, is expected to strike a just and proper balance between the requirements of welfare of the minor children and the rights of their respective parents over them - (2009) 1 SCC 42 (Gaurav Nagpal Vs. Sumedha Nagpal) .

(2.) The petition in O.P. No. 4650 of 2014 has been filed by the husband (respondent herein) under Sec. 7 of the Guardians and Wards Act, declaring/appointing the petitioner as the Natural Legal Guardian and grant permanent custody of the minor male child, Harshit.

(3.) The marriage between the petitioner/husband and the respondent/wife took place on 04.02.2010 and they were living along with the husband's parents. The wife used to go for work at 09.30 am and return by 05.30 pm. Out of the wedlock, a child was born to the appellant/wife and the respondent, on 06.01.2011. A separate matrimonial house was set up by the appellant and the respondent, by March 2013. During June 2013, the child was admitted in a play school and the child was taken by the in-laws in the afternoon from school. The appellant, after returning from the office, used to take the child to their separate residence.