HUVINGOUDA Vs. RATNAVVA

JUDGEMENT

(1.) The present appeal is filed by the appellant/petitioner challenging the order dated 22.01.2018 passed by the learned Principal Senior Civil Judge and CJM, Haveri, in G & WC No.10/2015 dismissing the petition filed by the appellant under Sections 7, 8 and 11(1) of Guardian and Wards Act, 1890 (hereinafter referred to as the ' G & W' Act, for brevity) seeking custody of his 3rd son-Shivanagouda and appointing him as a guardian.

(2.) Brief facts of the case are that the appellant/petitioner filed petition before the trial Court contending that he is the husband of the respondent and their marriage was solemnized about 16 years back and that they happily lived together for 10-12 years. Out of their wedlock, they had 3 sons namely Dharmanagouda, Maheshgouda and Shivanagouda. All of them are minors and the appellant is looking after them. Out of the 3 sons, Dharmanagouda and Maheshgouda are residing with the appellant and studying in Goa and they are under the care and custody of the appellant. Later the respondent deserted the appellant and her children and she left to Hulasogi village at Shiggaon taluk and residing there. The respondent refused to return back to the matrimonial house despite sincere efforts made by the appellant. The respondent had taken Shivanagouda from the custody of the appellant without informing him and filed a petition for maintenance. Shivanagouda has completed 3rd standard at Anjuman Himayatul Islam High School (Primary section) at Islampur, Baina, Goa and was intended to take admission to 4th standard. In the meanwhile, the respondent took him to Hulasogi village. The appellant intended to provide good education, health and food to all the 3 children. The respondent is not in a position to maintain him and has no income of her own to look after Shivanagouda and maintain properly and provide good education. On these facts and grounds, the appellant sought for the custody of his 3rd son Shivanagouda from the respondent and appointing him as a lawful minor guardian.

(3.) On service of notice, the respondent appeared and filed objections admitting the marital relationship with the appellant and three children born in the said wed-lock. She has admitted that she and her 3rd son Shivanagouda have filed a petition for maintenance in Cr.Misc.No.293/2014 on the file of the learned JMFC, Shiggaon. The respondent has denied that she left the matrimonial house of the appellant and living in Hulasogi village, Shiggaon taluk. The respondent denied that she has forcibly taken the custody of Shivanagouda in the absence of the appellant. She contended that the appellant cannot seek custody of Shivanagouda. She has pleaded that the appellant has got the habit of consuming alcohol and has also illicit relationship with other woman and due to bad vices of the appellant, the respondent was not able to live with him in his matrimonial house and after the death of her brother, her brother's widow used to live with them in their matrimonial house and when the respondent objected for the same, the appellant scolded and sent her out of the matrimonial house and that without any alternative, the respondent came to Hulasogi village at Shiggaon taluk along with her sons and living with them and she is doing agricultural coolie work and earning some amount and maintaining her children. The appellant took elder two sons forcibly. The respondent contended that she is maintaining Shivanagouda out of her own earnings and she has filed a petition for maintenance in Crl.No.293/2014 before the JMFC, Shiggaon. Accordingly, she prayed to dismiss the petition.