K.R. SUJATHA Vs. B.V. RAVIKUMAR

JUDGEMENT

(1.) This appeal under Sec. 47 of the Guardian and Wards Act , 1890 (hereinafter referred to as 'the Act' for short) has been filed against order dtd. 4/2/2015 passed by the family court, by which petition filed by the appellant under Sec. 7 of the Act seeking custody of minor ward Sona alias Chiraag has been dismissed.

(2.) Facts giving rise to filing of this appeal briefly stated are that the marriage between the parties was solemnized on 27/2/2005 in Davanagere. Out of the wedlock, a son viz., Sona alias Chiraag was born on 27/4/2006 . However, on account of differences between the parties, they could not stay together. The appellant filed a petition under Sec. 125 of the Code of Criminal Procedure claiming maintenance from the respondent. The respondent filed a petition seeking dissolution of marriage, which has been allowed by the family court.

(3.) The appellant filed a petition under Sec. 7 of the Act on or about 23/1/2014, in which inter alia it was pleaded that the son is of tender age and requires care and protection of the mother. It was further pleaded that love and affection, which the appellant can provide to the minor child cannot be given by the respondent. Accordingly, a petition under Sec. 7 of the Act was filed. The respondent filed statement of objection in which inter alia it was stated that appellant has left the company of the respondent without any justifiable cause. It was averred that son has been admitted to a reputed school in Chikkajagur and is student of III standard. It is also pleaded that child is comfortable in the company of the respondent and he is taking care of the child.