S. KANNAN Vs. PRIYA AND S. SAKTHIVEL

JUDGEMENT

(1.) THIS Civil Revision Petition is filed against the Order dated 15.07.2008 made in I.A. No. 44 of 2008 in H.M.O.P. No. 239 of 2006 on the file of the Subordinate Court at Poonamallee. The Petitioner/husband in H.M.O.P. No. 239 of 2006 is the Revision Petitioner before this Court. He is aggrieved by the order of the Trial Court dated 15.7.2008 made in I.A. No. 44 of 2008 by which custody of the minor female child Ovia was given to the First Respondent/wife.

(2.) THE Petitioner herein filed H.M.O.P. No. 239 of 2006 before the Subordinate Judge at Poonamallee under Sections 13(1)(i) & (i -a) and 26 of Hindu Marriage Act, 1955 praying for a decree of divorce dissolving the marriage between the Petitioner and the First Respondent which was solemnised on 26.03.1995. He also prayed for an order of permanent custody of the minor female child Ovia till she attains majority.

(3.) WHILE so, she was surprised to receive summons from the Sub -Court, Poonamallee in H.M.O.P. No. 239 of 2006 filed by her husband for divorce. As she: had to appear before the Sub -Court, Poonamallee, she put her daughter temporarily in the hostel at the same school. But the Petitioner/husband with the help of Vice Principal of the School at Theni, kidnapped the minor daughter Ovia on 5.4.2008 and she came to know about that on 12.04.2008. Immediately, the First Respondent/wife lodged a Complaint before the Police and sent a telegram to Subordinate Judge, Poonamallee and also to the Principal of the School. After receiving the telegram, the Vice Principal of the School informed the First Respondent/wife that the daughter had gone on an excursion and asked her to wait till her return. Hence, the First Respondent/wife was waiting till 24.6.2008 and then only she realised that her daughter had been kidnapped by the Petitioner/husband. Thereafter, she lodged another Police Complaint with All Women Police Station at Theni. She further stated that the Petitioner/husband was residing in a room at a lodge and therefore, he could not bring up her daughter and hence she filed I.A. No. 44 of 2008 for the aforesaid relief.