S. ANNAPOORNI Vs. K. VIJAY

JUDGEMENT

(1.) This Original Petition has been filed under Ss. 3, 7 and 10 read with Sec. 25 of the Guardians and Wards Act, 1890 seeking guardianship of the minor child Priyanka and for her custody.

(2.) The petitioner is the mother of the child and the respondent is the father. The marriage between the petitioner and the respondent took place on 23/5/2004 at Conoor. Two daughters were born out of the said wed lock. The elder one Priyanka, is aged about 12 years and the younger one Anamika, is aged about 6 years. Both the minor children were in the custody of the petitioner.

(3.) According to the petitioner, the respondent illegally removed the elder child Priyanka from her custody from October 2017. It is the further case of the petitioner that she is residing in Bangalore along with minor children, when the respondent forcibly took away the elder daughter from her custody on 22/10/2017. The conjugal life between the parents ran into rough weather and resulting in lodging of Police complaints as well as filing of cases in Courts. A petition under the Domestic Violence Act was also filed in D.V.M.C No. 3 of 2017. In order to escape from the cruelty, the petitioner had shifted to Bangalore where she was able to secure a job. The children were put in Delhi Public School, Bangalore and when they were studying there, the respondent removed the elder daughter from the custody of the petitioner.