SARITA Vs. JAGADISH

JUDGEMENT

(1.) This appeal has been filed under Sec. 47 of Guardian and Wards Act, 1890 against the Judgment dtd. 15/4/2013 passed by Senior Civil Judge, Hukkeri, by which petition filed by the respondent/husband seeking for appointment of a guardian of the minor Kumar Samit @ Kushal has been allowed.

(2.) Facts giving rise to filing of this appeal are briefly stated that the marriage of the appellant and respondent was solemnized on 4/4/2005 at Sankeshwar and from the wedlock, minor ward Kumar Samit @ Kushal has born on 24/4/2006. The difference between the husband and wife arose and they have started living separately. It is pleaded that, the respondent father has taken admission of the ward in the Vivekanand School, Sankeshwar, but the appellant No.1 wife without heeding to the request of the respondent has taken the child to her parents place on 19/5/2010 stating that she would return back to the Sankeshwar. However, she has not returned back to the matrimonial home. It is further pleaded that, the respondent has got issued legal notice dtd. 19/1/2012 making various allegations against the appellant and the appellant has filed maintenance petition against the respondent. It is also pleaded that, the appellant No.1 obtained the forged birth certificate of minor ward mentioning his name as Kushal and got admission in Little Star Kids Convent School, at Hirebagewadi village and the appellant No.1 has taken the custody of the minor ward without the consent of the respondent. Hence, the petition was filed for appointment of the respondent as a guardian of the minor ward and sought for the custody of the minor.

(3.) The appellant No.1 has entered appearance before the Trial Court and filed objections denying the contents of the petition. The appellant has pleaded that there is no dispute with regard to the relationship between the parties and the birth of the child and she has specifically denied that, she has illegally taken the custody of the minor ward. It is pleaded that, the appellant No.1 was unable to bare the harassment of the respondent husband. Hence, he was compelled to stay at Hubballi along with her parents and minor ward. It is further pleaded that, the appellant No.2 minor is deaf and dumb boy and it is the appellant No.1 who is taking care of the minor ward from the birth and she is the capable person to take care of her son and his education prospects. It is also pleaded that, the respondent husband despite suffering the order for maintenance by the competent Court, he has failed to pay any maintenance nor bothered to take care of the minor ward since from his birth.