HEMA PRIYA Vs. RAMESH

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed against the fair and decreetal order dated 09.09.2016 made in GWOP No.1 of 2014 on the file of the Additional District Judge, Virudhunagar.

(2.) The appellants are the respondents and the respondent is the petitioner in GWOP No.1 of 2014 on the file of District Judge, Virudhunagar at Srivilliputtur. The respondent and the first appellant are husband and wife. The second appellant is the mother of the first appellant. The respondent filed GWOP No.1 of 2014 under Sections 7, 9 and 10 of the Guardian and Wards Act, on the file of District Judge, Virudhunagar at Srivilliputtur, seeking for a direction to the appellants to restore the custody of minor Sivathmika Rubini Ramesh to the respondent who is the father of minor daughter.

(3.) The marriage between the first appellant and the respondent was conducted at Rajapalayam on 06.09.1999 as per Hindu Customs and Rites. From the date of marriage, the first appellant was behaving in a manner which clearly exposed that she is immatured. The second appellant and her husband (father of the first appellant) convinced the respondent that the first appellant was brought up in USA and she was not familiar with Indian culture. The respondent did not get visa to go to USA immediately. The first appellant, during first week of Oct. 1999 went to USA. The marriage conducted on 06.09.1999 was registered only on 28.02.2001 when the first appellant came to India. After marriage, when the first appellant came back to India, the respondent and first appellant were living together for five months. The respondent came to know that even though the first appellant was aged 27 years, her mental maturity was only that of 5 years old. When the respondent made a complaint to the parents of the first appellant, they gave evasive reply. They offered the respondent a decent job in USA and the respondent went to USA and he was gainfully employed in USA from 2002.