KALAIVANI Vs. S.SIVARAMAN

JUDGEMENT

(1.) The Civil Revision Petition has been filed against the order passed by the learned Principal District Judge, Theni in I.A.No.54 of 2016 in G.W.O.P.No.28 of 2016, dated 22.12.2016.

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

(3.) Learned counsel for the petitioner would further submit that the divorce petition filed by the respondent is pending before the Sub Court, Theni, in O.P.No.188/16 and the petition for restitution of conjugal rights is pending in O.P.No.55/17. Learned counsel for the petitioner would further submit that collective reading of Section 4(2) of the Guardians and Wards Act, 1890, Section 4 of the Hindu Minority and Guardianship Act, 1956 and Section 6 of the Hindu Minority and Guardianship Act, 1956 clearly shows that mother should be the natural guardian of the child, if the child is below the age of 5 years and in the instant case, the minor child was aged about 2 years and 2 months when the respondent has forcibly taken away the child from the lawful custody of the petitioner/mother.