V.Susai David vs S.Joseph Victor (CMA.(MD)No.1381 of 2013) and M.P.(MD)Nos.1&2 of 2013 (Madras HC)
11. In the case on hand the appellants have alleged that the minor child was taken away from their custody by force illegally on 21.09.2009. The appellants have also further averred that the first appellant would be the most suitable person to safe guard the interest of the minor child. But the learned District Judge without looking into the averments and without providing an opportunity to the parties to adduce evidence as held by the Hon'ble Apex Court in AIR 2011 SCC 1952 referred supra, passed the impugned order, returning the petition holding that the respondent is the father and natural guardian and the ordinary residence should be taken as father's residence only.