S THIRUMAVALAVAN Vs. NATARAJAN

JUDGEMENT

(1.) This appeal has been preferred by the grand-father of the minor child, who was the respondent before the lower Court.

(2.) The respondent herein filed a petition for appointing him as guardian of the minor Rajeswari and for custody under S. 25 of the Guardian and Wards Act, 1890. His case was that the deceased Narpasalai was married to him on 13-9-1981. The minor Rajeswari was born out of the wedlock on 22-6-1982. After the death of his wife, the petitioner and his wife were living with the respondent for some time. After some time, the respondent took away the minor child. Even though he filed a criminal case before the Chief Judicial Magistrate, Tiruchirapalli under S. 98 of Criminal Procedure Code, he could not succeed. Hence, he has filed this petition.

(3.) The defence of the appellant was that the respondent never cared the minor or his wife. On account of his cruel treatment, the mother of the minor child set fire to herself and committed suicide. Before her death, she has also left a letter blaming the respondent indicating that the properties belonging to her must go to her brother. The appellant was in custody of the minor child. The child was forcibly removed from the custody of the appellant. As the respondent was having illicit intimacy with a house servant, he should not be entrusted with the custody of the child. The respondent was also arranging to have a second marriage.