N PALANISAMI Vs. A PALANISWAMY

JUDGEMENT

(1.) This appeal has arisen out of an order dated 8-12-1989 made in G.W.O.P. No. 291 of 1986 on the file of the I Additional Subordinate Judge, Coimbatore. The above said petition was filed under Section 6 of the Hindu Minority and Guardianship Act, 1956 (Act No. 32 of 1956) and under Section 25 of the Guardians and Wards Act, 1890.

(2.) The respondent is the father of the minor girl Indirani. He filed the petition for the custody of the minor child from the custody of the maternal grandfather. He married the appellant's daughter Subbulakshmi on 27-3-1985 and out of the wedlock, a female child was born on 11-4-1986. The mother of the child died within few hours after the delivery. As the body of Subbulakshmi was taken to the house of the appellant for performing the funeral ceremonies, the child was retained by the appellant/maternal grandfather. But on account of the quarrel when the respondent demanded the return of the jewels and other articles belonging to his wife, the appellant refused to return the articles and the child also. The respondent is possessed of properties as he is the natural guardian of the minor child is entitled for the custody of the child.

(3.) In the counter filed, the maternal grandfather, the appellant herein has alleged that the marriage was performed by the appellant. Rs. 15,000/- was paid in cash and jewels also given to the bridegroom. There were trouble between the husband and wife. The appellant's daughter was living in his house. The respondent used to visit and go away. Even on 11-4-1986 after hearing about the death, the respondent came to the hospital and stayed for only few minutes. He did not show any interest in the child. On the other hand, he told to the appellant to throw the child in the dust-bin. After abandoning the child, he never asked for the custody. The child was being educated. The future for the child will be safe and better in the custody of the appellant rather than in the custody of the respondent.