MANISH SINGH Vs. PALLAVI

JUDGEMENT

(1.) The instant appeal has been filed by the appellant/non-applicant (father/husband) against the order dated 07.01.2011 passed by the First Additional Principal Judge, Family Court, Raipur in Case No. 14/2010 (Pallavi Singh Vs. Manish Singh), rejecting the objection of the appellant regarding maintainability of the application for custody of the minor child, moved by the mother/wife, under Section 25 of the Guardian And Wards Act, 1890 and under Section 12 of the Act, 1890 for interim custody.

(2.) The brief facts of the case are that the marriage of appellant and respondent was solemnized on 19.06.2007 at Raipur according to Hindu customs. Out of the wedlock one male child was born to the maternal home of the respondent/wife. On 02.12.2009 the respondent/wife was ousted by the appellant from her matrimonial home and the child was forcibly kept by him. Therefore, the respondent/wife filed an application under Section 25 of the Guardian and Wards Act, 1890 for getting custody of the minor child along with an application under Section 12 of the Act, 1890 for getting temporary custody of the minor child.

(3.) The appellant/husband filed an application on 13.09.2010 objecting the maintainability of the applications filed by the respondent/wife, which has been rejected by the Family Court by the impugned order dated 07.01.2011.