LALIT KUMAR JATWAR Vs. SUSHMA JATWAR

JUDGEMENT

(1.) Heard.

(2.) Learned counsel for the appellant/ father would submit that the relation between the parties though was not cordial but it was not to the extent that they would not see eye to eye to each other. He would further submit that the statements of the wife/ respondent and husband/ appellant, if are read together, it would show that the dispute never aggravated but unfortunately, they landed into the custody battle. He further submits that the learned court below should have appreciated the evidence of the wife (respondent) and husband (appellant) and submit that, the presence of father is equally important for proper upbringing of the child, as such, when no dispute existed between the parties the father/ appellant should have been given the custody. He further submits that learned court below while upholding the custody of the child with mother failed to ignore the right of the father even for visiting which otherwise was necessary to take care and for upbringing of the child. He placed his reliance in the case of Yashita Sahu Vs. State of Rajasthan and ors. reported in (2020) 3 SCC 67, in Gaurav Nagpal Vs. Sumedha Nagpal reported in (2009) 1 SCC 42 and in Ritika Sharan Vs. Sujoy Ghosh reported in 2020 SCC Online SC 878 and would submit that the right of the father should have been upheld to have custody of the child.

(3.) Per contra, learned counsel for the respondent/ wife would submit that the order of the learned court below is well merited and it is stated that only the mother can take care of the child properly. He further submits that since the child was suffering with critical disease as such to take care of the child, care and company of mother was important and the father got visiting rights as directed by the learned court below.