G K CHENTHIL KANNAN Vs. SATHYABAMA

JUDGEMENT

(1.) The main Original Petition was filed by the petitioner under Section 25 of the Guardian and Wards Act, 1890 for directing the entrustment of the custody of the minor child to the petitioner. A. No. 5052 of 2007 is filed by the applicant/husband against the respondent/wife seeking for grant of interim custody of the minor son Aditya Abhishek, pending disposal of the Original Petition.

(2.) It was stated in the OP that the marriage between the petitioner and the respondent took place on 5.3.1999 at Hyderabad and the minor child was born out of the wedlock on 23.11.1999. The petitioner and the respondent soon after their marriage, had adopted a minor girl child Chandhini, who was the daughter of the petitioner's sister G.K. Chithra with the consent of the respondent. The said adoption took place on August 1989.

(3.) It was submitted that the respondent had become a computer Engineer after her marriage, she had to make frequent trips abroad. The petitioner advised her not to go to USA since the child was too young required her constant attention. Notwithstanding the advice of the petitioner, the respondent proceeded to USA during 2003 and 2005 and it was the petitioner, who was taking care of the child. The respondent stayed in USA from March 2003 to May 2003 and from May 2005 to June 2006. At that time, the child was only four years old and was taken care of by the petitioner. On 28.2.2007, the respondent in the pretext of visiting her mother, took away the minor child from the petitioner and refused to come back to live with him.