M. MASOOD KHAN Vs. SHERIN JAHAN

JUDGEMENT

(1.) THE respondent is the divorced wife of the petitioner. Their marriage was celebrated on 11.6.2001. On 10.6.2002, a girl baby was born to them and was named as Sabriah. There had been misunderstandings between them and in the mean while, on 20.8.2006, the respondent also delivered a male child.

(2.) THE petitioner filed G.W.O.P.No.226 of 2006 on the file of the I Additional District Judge, Tirunelveli, for the relief of the custody of the child namely Sabriah. Pending enquiry of the said petition, the respondent filed a petition in I.A.No.159 of 2008 for interim custody of her daughter under Section 12 of the Guardian and Wards Act, to direct the petitioner to hand over the minor child and to permit her to maintain and bring up her.

(3.) THE learned I Additional District Judge, Tirunelveli, allowed the application directing to hand over the minor female child Sabriah to the respondent and he was permitted to take the custody of the child on every Sunday and stay with her from 8 a.m. to 6 p.m. Aggrieved by the order of the Court below, the petitioner has carried the matter before this Court.