NIMISH S. AGRAWAL Vs. RUHI AGRAWAL

JUDGEMENT

(1.) Heard.

(2.) The present appeal is filed by the father/husband against the order dtd. 17/12/2018 passed by the family Court, Durg in Civil MJC No.2/17, whereby the custody of the child-respondent No.2, claimed by the father was denied except the visitation right.

(3.) The facts of this case are that the appellant Nimish S. Agrawal and respondent No.1 Ruhi Agrawal were married on 16/1/2007 and out of the wedlock one child Ku. Nirvana Nimish Rai was born on 12/1/2012. Subsequently, the relation in between the husband and wife entered into rough weather and blame game started. Series of FIRs and counter allegations were made against each other and they started living separately followed by different litigation. Since child was in the custody of the mother/respondent No.1 an application under Sec. 25 of the Guardians and Wards Act, 1890 was filed. The voluminous evidence were produced by both the parties before the Family Court wherein both the parties claimed that the welfare of the child would be in custody of each individually i.e. the father/husband for himself and mother for herself and on different aspect led voluminous evidence. The learned Family Court, after the trial, ordered that the custody of the child would be with the mother. Hence this appeal.