KOTA KARRENNA Vs. KOTA PARAVATHAMMA

JUDGEMENT

(1.) This is an appeal from an order made against the petitioner in O.P.6 of 1975. The appellant petitioner has filed an application under S. 25 of the directing the respondent, his wife to return to him the custody of his minor son Remamurthi. The application was dismissed with costs.

(2.) The petitioner was aged about 30 years and his wife was aged about 25 years on the date when the original petition was filed. It is the petitioners case that he and his wife were married in about the year 1966. On 30/09/1967 a son named Ramamnurthi was born to the couple. The petitioner averred that his wife withdrew from his society in July, 1974 i. e., about 7 years after the birth of the child. Ramamurthy without any just cause and never returned to live with the petitioner. She had taken away the minor son Ramamurthy along with her. The petitioner had filed on O. P. for restitution of conjugal rights against his wife. As per the law, the latter is entitled to the custody of his minor son who is aged more than 5 years. It was also averred that it would be for the welfare of his minor son that he should be in the custody of his father. Hence the application under S. 25 of the Guardians and Wards Act.

(3.) The sole respondent, the mother had opposed the application. She admitted that she was the wife of the petitioner and that the minor Ramamurthy was their son. She however denied that she withdrew from the society of the petitioner in July, 1974. The petitioner was ill-treating her on account of the evil advice of his sister. Finally he drove her away from the house when show was in the 8th month of pregnancy. She was therefore compelled to go to her parents house at Kavit Agraharam, which is a different village from that of her husband. It was stated that it would not be in the interests of the minor to be restored to the custody of the father.