Dismissed

Thavasiappan v. a.Manikandan

Madras HC12 Dec 2019CMA/2954/2019

Case brief

AI extract

What is this about?

Appeal filed to set aside a district court order granting custody of a minor child to the maternal grandfather after the grandmother's suicide. The High Court dismissed the appeal, upholding the order as the child's father was alive and the appellants lacked sufficient financial capacity evidence.

What did the court decide?

Civil Miscellaneous Appeal dismissed; connected Miscellaneous Petitions closed.

Thavasiappan Vs a.Manikandan — Child Custody and Guardianship | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.12.2019

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CORAM:

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THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

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Civil Miscellaneous Appeal No.2954 of 2019

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and

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C.M.P.Nos.15732 & 20389 of 2019

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Thavasiappan 2. Selvi ... Appellants/Respondents

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-vs-

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A.Manikandan ... Respondent/Petitioner

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PRAYER: Appeal is filed under Section 47 of the Guardian & Wards Act, 1890 r/w Section 8 of the Hindu Minority & Guardianship Act, 1956 to set aside the judgment and decree dated 27.06.2019 made in G.W.O.P.No.101 of 2017 on the file of the learned Principal District Court, Erode by allowing this appeal.

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For Appellants : Mr.T.K.S.Gandhi

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For Respondent : No Appearance

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O R D E R

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This Appeal has been filed to set aside the judgment and decree dated 27.06.2019 made in G.W.O.P.No.101 of 2017 on the file of the learned Principal District Court, Erode.

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The daughter of the appellants herein married the respondent herein on 02.09.2013 and out of their wedlock, a male child by name M.Balakumaran was born on 06.06.2014. The daughter of the Appellants is said to have committed suicide on 05.11.2015, for which, a case was registered against the respondent herein initially under Section 174 Cr.P.C., and thereafter, it was altered into the one of suicide. The said criminal case was taken on file in S.C.No.93 of 2016 by the Sessions Judge / Mahila Court, Erode and after full-fledged trial, the respondent herein was acquitted on 07.10.2016.

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When the Criminal Court had exonerated the respondent herein from the case, a presumption can be drawn that there is no abetment of suicide and the custody of the child born to the respondent and the daughter of the appellants will have to be handed over to the father / respondent herein, as the mother is no more. It is not in dispute that though the grandparents may https://hcservices.ecourts.gov.in/hcservices/

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have more love and affection towards their grandchild, the respondent herein, being the father of the child has every right to bring up the child and therefore, the order giving custody of the child to the respondent herein cannot be said to be illegal.

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The only grievance of the Appellants herein is that their daughter had committed suicide on account of the humiliation meted out at the hands of the respondent herein and it will be highly unsafe for the child to grow at the residence of the respondent.

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The Court below, while giving custody of the child to the respondent herein, has considered the fact that the appellants herein, who are the respondents in G.W.O.P.No.101 of 2017 have got two more daughters and they also failed to produce any document to show that they have sufficient financial capacity to take care of the grandchild and when the father is alive, it will not be fair and proper to entrust the custody of the child with the grandparents. Therefore, this Court is of the view that the order dated 27.06.2019 made in G.W.O.P.No.101 of 2017 by the Principal District Court, Erode does not warrant any interference by this Court, especially when there is no substantial question of law involved in the issue on hand.

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In the result, this Civil Miscellaneous Appeal is
dismissed. No costs. Consequently, connected Miscellaneous
Petitions are closed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
ar
To:
The Principal District Judge,
Erode.
+1cc to Mr.T.K.S.Gandhi, Advocate, S.R.No. 105078

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Civil Miscellaneous Appeal No.2954 of 2019

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RR(CO) GN(13/02/2020)

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https://hcservices.ecourts.gov.in/hcservices/

Thavasiappan v. a.Manikandan

Case brief

What is this about?

What did the court decide?

Thavasiappan v. a.Manikandan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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