MINOR HAVISHA Vs. THARSINI PARAMSOTHY
LAWS(MAD)-2019-10-8
HIGH COURT OF MADRAS
Decided on October 03,2019

Minor Havisha Appellant
VERSUS
Tharsini Paramsothy Respondents

JUDGEMENT

K.Kalyanasundaram, J. - (1.) This Petition has been filed under Sections 3, 7 to 10 & 25 of the Guardians and Wards Act, 1890 read with Order XXI, Rule 2 and 3 of Original Side Rules, seeking appointment of the petitioner as a Legal Guardian of the person of the minor-Havisha and grant custody of minor-Havisha to the petitioner and for costs.
(2.) The case of the petitioner is that the petitioner and the respondent had become friends through the Social Network viz., Face Book in the year 2009 and both fell in love with each other. Thereafter, the marriage between the petitioner and respondent was solemnized on 26.10.2012 at Ettampadai Veedu Murugan Temple, Chennai according to Hindu Rights and Customs and the marriage was registered in the Sub Registrar Office, Triplicane, on 31.10.2012.
(3.) It is averred in the petition that after the marriage, the respondent's behaviour was very suspicious and she used to talk several hours in her cellphone and the petitioner did not question the respondent about the same. Despite the above said fact, the respondent had suddenly left for United Kingdom for the reasons best known to her on 08.12.2012 and thereafter, the petitioner came to know that the respondent was already married to one Vijayakumar Thangaraja and out of the earlier marriage, the respondent was having two daughters, viz., Shruthi, born on 28.02.2008 and Varshini born on 13.11.2003. When the petitioner questioned the above said fact, it was informed that her daughter Shruthi is her sister's child and another child Varshini is her cousin's daughter. After reaching the United Kingdom, the respondent sent an email dated 24.12.2012, stating that she had been forcibly taken away by unknown persons and the petitioner and his family members were also under threat at the hands of the those unknown persons.;


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