K JAYARAJ Vs. G EVA MARY ELEZABETH

JUDGEMENT

(1.) THE petitioner is the father of the minor child Samuel Raily Macon. This petition is filed under Section 25 of the Guardians and Wards Act, 1890 (for short GAWA) for a permanent custody of the minor child. THE respondent is at present having the custody of the minor child.

(2.) ADMITTEDLY, the child was born to the petitioner and one Malliga on 10.8.2002. The petitioner got married to the said Malliga on 25.5.1998. Subsequent to the birth of the minor child, barely after 2 months, the said Malliga had allegedly committed suicide on 17.10.2002. The petitioner abandoned his one month old baby in a Church premises. One Vasanthi took care of the child for about 15 days and the minor child was handed over to the Pastor of the Church. The Pastor of the Church handed over the child to the respondent-s mother one Buela, who was also a member of the same Church. It is also admitted that the child was in a nursery school by the respondent who had brought up the child till date.

(3.) AFTER getting liberty from the Division Bench, the petitioner filed the present OP. Notice was ordered to the respondent on 24.3.2006. Thereafter, on 21.6.2006, the matter was directed to be posted for recording evidence. The petitioner examined himself as P.W.1. Though the name of the counsel who appeared for the respondent in the HCP was directed to be printed, they did not make their presence felt. Subsequently, when the matter came up on 14.3.2007, this Court directed a fresh notice to be served on the respondent. Accordingly, a fresh notice was served and she had engaged a counsel. Thereafter, the petitioner was cross examined and the evidence of R.W.1. commended on 24.9.2007.