P. MANJUNATH Vs. JAGADISH

JUDGEMENT

(1.) The petitioner in G and W.No.27/2017, who is the father of the minor child Sai Pratham, has filed the present appeal being aggrieved by order dated 18.03.2019 passed by II Additional Principal Family Court at Mysuru, wherein the Family Court has rejected the prayer for permanent custody and has disposed of the guardianship petition by granting only temporary custody of the minor ward to the appellant-father during Dasara and Summer vacations and provided visitation right to him to visit the minor child at his convenience, without affecting the curricular, co-curricular and extra curricular activities whenever possible and with prior intimation to the respondent, who is the maternal grand-father of the minor child.

(2.) The brief facts of the case are that the appellant herein filed a petition before the Family Court under Section 25 of the Guardian and Wards Act, 1890 read with Section 6 of the Hindu Minority and Guardianship Act, 1956 praying for a direction to the respondent, the maternal grand-father of the ward, to handover the custody of Master Sai Pratham to the appellant.

(3.) It is the case of the appellant that he had married Smt.J.Akshatha, the daughter of the respondent herein on 20.02.2013 at Meenakshi Kalyana Mantapa, Rajarajeshwari Nagara, Bengaluru as per Hindu rites and customs. After marriage, the appellant and his wife were residing at Bengaluru in his residence but over a period of time, difference of opinion developed between the appellant and his wife Smt.Akshatha. Due to the said differences, his wife, Smt.Akshatha demanded that a separate house be made and to send his parents out of the house, so that, they alone can stay at the house. Since the appellant did not accede to the demand of his wife, she persistently taunted him and humiliated him which caused mental torture to the appellant.