MURUGANANTHAM Vs. RAMU

JUDGEMENT

(1.) The appellant has filed this Civil Miscellaneous Appeal against the fair and decreetal order dated 20.04.2017 made in G.W.O.P. No. 5 of 2014 on the file of the District Court, Sivagangai District, Sivagangai.

(2.) The brief facts of the case are as follows:

(3.) The learned counsel appearing for the appellant submitted that the custody is different from guardianship. The natural guardian can act as a guardian, but he need hold lawful custody as a matter of right. The paramount interest of the minor must be the basis for the grant of lawful custody by the Court. As per Section 17(3) of the Guardian and Wards Act, the Court has ample power to find out the truth and also to ascertain the wishes of the minor child. Here, the evidence of the minor female child, clearly deposes that she is willing to stay along with her grandparents only. As far as the financial position is concerned, the appellant is a retired Government Employee and he is receiving Rs. 50,000/- per month, as pension. He further submitted in order to escape from the liability to pay maintenance to the minor child, the respondent filed the above G.W.O.P and got an order in his favour in respect of the male child and therefore, he prays for appropriate orders.