KAMLESH KUMAR Vs. CHINTARAM

JUDGEMENT

(1.) In this appeal challenge is to the judgment and decree passed by the Family Court, Rajnandgaon dismissing the appellant's application under Sec. 25 of the Guardians and Wards Act, 1890 for custody of his minor daughter namely; Vaishnavi.

(2.) The appellant was married with Tejeshwari @ Teja Bai (since deceased), daughter of the respondents, on 11/5/2013. Daughter Vaishnavi was born out of the wedlock on 11/9/2014. The naming ceremony (Namakarana Sanskar) of the newly born daughter was scheduled to be held on 17/10/2014, however, the wife of the appellant Tejeshwari committed suicide the day before the function i.e. on 16/10/2014. An offence under Sec. 306 read with Sec. 34 of the Indian Penal Code was registered against the appellant and his parents, however, they were acquitted of the charge vide judgment of acquittal dtd. 16/6/2015 rendered by the Sessions Judge, Rajnandgaon, in ST No.89 of 2014, which is under challenge before this Court ACQA No.178 of 2015.

(3.) Application was moved on pleadings that the appellant is a Teacher and has 10 acres of agricultural land at Rajnandgaon, therefore, he having sufficient means to raise his daughter and secure a bright future for her and also for the fact that he has not performed second marriage, he is entitled to seek custody of his minor daughter.