IRFAN UR RAHIM KHAN Vs. FARHA KHAN

JUDGEMENT

(1.) The challenge in this appeal is to the order dtd. 16/4/2019 passed by the Family Court Bilaspur whereby the custody of the child is ordered to be kept with the mother, the respondent-wife herein.

(2.) The appeal is by the husband who filed a custody application before the learned Family Court. The admitted facts of the case are that the appellant Irfan-Ur-Rahim Khan and non-applicant Smt. Farha Khan married to each other. Out of the wedlock, twin children (daughter and son) were born on 22/11/2008 and they were named as Arhan Khan (son) and Fiyona Khan (daughter). Arhan Khan was suffering from Nephritic syndrome. Appellant Irfan ur Rahim Khan was serving in police department and subsequently a divorce was effected between the appellant and respondent. As per the averments of appeal, the father and mother along-with children were residing together till July 2014, but subsequently their relations became estranged. As a result, non-applicant mother Farha Khan after intimating the Durg Mahila Police Station, came to Bilaspur along-with children and started living separately in a rented house. The husband father used to meet the children during their stay at Bilaspur. Subsequently he being in the police department, was transferred to Sukma and was unable to meet the children.

(3.) (i) It was pleaded by husband that the mother could not take care of the children, therefore, in the month of April 2015 she gave the custody of both the children to the husband and the husband was residing along with the children at Sukma. Subsequently, certain cases were filed by the wife. It is further pleaded by the husband that initially an application was filed by him at Dantewada under the Guardian and Wards Act, 1890 for custody of children which was subsequently transferred to Bilaspur Court. In such a case, on 4/10/2016 a settlement deed was executed whereby the custody of children was given to the father for their proper education and thereafter a civil suit bearing No. 552-A/2015 was filed which was disposed on 4/10/2016 without any finding on merit. It was further pleaded that on 5/10/2016, the wife got divorce from him and received an amount of Rs.10.00 lakhs towards final settlement and thereafter on one day she came to the Government quarter of the appellant and after raising a dispute took the children with her.