SELVARAJ Vs. REVATHI

JUDGEMENT

(1.) This Criminal Revision case is filed against the judgment dated 31.01.2017 in Cr.A.No.71 of 2014 passed by the learned Principal District Judge, Pudukottai confirming the order passed by the learned Judicial Magistrate, Pudukottai in Cr.M.P.No.4929 of 2014 in M.C.No.4 of 2014 dated 20.11.2014.

(2.) Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

(3.) The revision petitioner and the respondent are the husband and wife. The dispute is regarding the custody of the minor boy, who is now about 5+ years old. The petitioner/husband and the respondent/wife have taken recourse of divorce and restitution of conjugal rights before the Family Court respectively and it is now stated that both the petitions were dismissed for default and restoration petitions were filed by the respective parties and the same is pending. As far as the custody of the minor boy is concerned, the respondent herein has preferred M.C.No.4 of 2014, before learned Judicial Magistrate, Pudukkottai and the same is pending. During pendency of the same, the respondent herein filed an application in Cr.M.P.No.4201 of 2014 seeking interim custody of the minor boy, in which the Magistrate has ordered the custody of the minor boy to be with the wife the respondent herein. Against which the husband/revision petitioner herein filed an application in Cr.M.P.No.4929 of 2014 and the same was dismissed by the learned Judicial Magistrate, Pudukkottai. Aggrieved by that, the revision petitioner/husband has preferred Crl.A.No.71 of 2017 before the learned Principle District Judge, Pudukottai and the same was also dismissed. As per the order of the Magistrate's Court and the same being confirmed by the appellate Court, the custody of the minor boy should have been given to the respondent herein, however by preferring this criminal revision case, the revision petitioner herein is retaining the custody of the minor boy with him, who is presently studying in Chennai.