SAVITHA SEETHARAM Vs. RAJIV VIJAYASARATHY RATHNAM

JUDGEMENT

(1.) These appeals have been preferred by the wife and husband respectively assailing order dated 21.11.2014 passed in G.& W. case No.101 of 2012 by the III Additional Principal Judge, Family Court, Bengaluru. The said petition was filed by the wife (mother of minor child Aditya Rajiv Ratnam) under Sections 7 and 17 of the Guardians and Wards Act , 1890 (hereinafter referred to as 'the Act' for the sake of brevity) seeking appointment of herself as guardian of the minor child and to grant permanent custody to her. The said petition was contested by the husband/father of the child.

(2.) The mother of the child let-in her evidence as PW-1 and another witness (petitioner's mother) was examined as PW-2. She produced fifty documents which were marked as Exs.P-1 to P-50. The respondent/father of the child examined himself as RW-1. He produced ninety- five documents which were marked as Exs.R-1 to R-95. Thereafter, the Family Court raised the following points for its consideration:

(3.) The Family Court answered point Nos.1 and 2 in the affirmative, point No.3 in the negative and declared the mother as the guardian of the minor child Master Aditya Rajiv Ratnam and that the child shall continue to be under the care and custody of the mother. However, certain directions were issued regarding visitation rights for the respondent/father. Being aggrieved, both the parents of the child have preferred their respective appeals.