SAMARIN NISHAD Vs. DHANIRAM NISHAD

JUDGEMENT

(1.) This appeal is against the order dtd. 12/4/2022 passed by the Judge, Family Court, Mahasamund in Misc. Civil Suit No.14/2021, whereby the application filed by the appellant under Sec. 25 of the Guardians and Wards Act, 1890 for custody of 3 children from respondent No.1 - Dhaniram Nishad was dismissed.

(2.) The mother of the children being appellant is in the appeal. The admitted facts of the case are that the appellant was married to Dhaniram Nishad who works as a labour and out of their wedlock, 3 children who are arrayed as respondents No.2, 3 & 4, were born. According to the appellant/mother, in the year 2014, she got separated from respondent No.1. Thereafter, she performed second marriage with one Narendra Singh and started residing with him. It was stated that the second husband has sufficient means to look-after the children as he is working as a driver, whereby, he earns Rs.12,000.00 per month and he is also having 7 acres of land, therefore, they are more capable in financial terms to look-after the children as compared to respondent No.1 who works as a labour and is getting Rs.150.00 per day and he is not able to look-after the welfare of the children and their education is also getting affected. Therefore, she wants the children back in her custody.

(3.) Respondent No.1 filed his reply and stated that the appellant deserted the husband and 3 children in the year 2014 and thereafter she performed second marriage. It is further stated that after the year 2014, she never tried to contact the children till the petition was filed. The non-applicant (respondent No.1) is residing in the joint family along with his mother and brother who is issueless and he takes care of the children. It is also stated that the children are studying well. On such grounds, the application was registered.