SARAVANAN Vs. MYTHILI

JUDGEMENT

(1.) The appellant has filed this present Civil Miscellaneous Appeal seeking to set aside the Judgment and decree dated 24.08.2018 in Guardian Wards Original Petition no.5 of 2016 on the file of the Additional District Court, Thiruvannamalai.

(2.) The appellant and the respondent were husband and wife. The case of the appellant herein is that he got married to the respondent /wife, who is a none other than his sister's daughter, on 01.02.2004, as per Hindu Rites and Customs at Meenakshi marriage Hall in Tiruvannamalai Town. The appellant has studied M.C.A., M.Phil., Ph.D and the respondent had studied B.B.M., and they lived in Thiruvalluvar Nagar at Coimbatore. Out of the wedlock, one female child, namely, Preethika was born on 17.2.2005 in a hospital at Pondicherry and from the date of marriage, they were not happy. There was a dispute between both the parties and because of the compulsion of the parents and elders, the marriage between them has been taken place. As the rift was widened, the appellant and the respondent decided to dissolve the marriage and they filed a petition in H.M.O.P.No.114 of 2012 for dissolution of marriage that took place on 01.02.2004 by mutual consent before the Principal Subordinate Court, Thiruvannamalai. The said court has passed an order dissolving the marriage and the appellant and the respondent were living separately.

(3.) It is the further case of the appellant that with the consent of the respondent, the girl child was living with the appellant's parents in Soilnachipattu Village, Tiruvannamalai Taluk and at that point of time, the minor girl was studying her 5th standard at the Path Global Public School, Malappampadi Village. The appellant got a job in Majmaah University, A1- Majma, as Professor and the respondent / wife also remarried and started living with her 2nd husband. The appellant wanted to take his minor daughter along with him to Saudi Arabia and hence, he filed a Guardians and Wards Original Petition for appointing him as natural guardian. The respondent / wife did not appear and hence she was set exparte and the appellant was examined.