LAXMIKANT JOSHI Vs. LOKESHWARI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and decree dtd. 21/04/2022 (Annexure A/1) passed by the Family Court, Bemetara in Civil MJC No. 05/2021 whereby the application filed by the appellant/plaintiff under Sec. 6 of the Hindu Minority and Guardianship Act, 1956 (hereinafter, "the Act of 1956") seeking custody of his minor son Master Yash Joshi, aged about 7 years (respondent No. 2 herein), has been dismissed finding no merit, against which the appellant/plaintiff has preferred this first appeal under Sec. 19(1) of the Family Courts Act, 1984.

(2.) The aforesaid challenge has been made on the following factual backdrop :-

(3.) Mr. Bharat Rajput, learned counsel for the appellant/plaintiff, would submit that the Family Court has wrongly dismissed the application filed by the appellant/plaintiff and refused to grant custody of respondent/defendant No. 2 to the appellant/plaintiff as his mother respondent/defendant No. 1 is not financially competent to take care of the child as she has no source of income, therefore, it is in the welfare of the child to be with his father i.e. the appellant/plaintiff. As such, the impugned judgment and decree passed by the Family Court is liable to be set aside.