BALRAM Vs. SUSHMA

JUDGEMENT

(1.) This is an appeal under section 47 of the Guardians And Wards Act, 1890 (for short 'the Act, 1890') read with section 19(1) of the Family Courts Act, 1984 (for short 'the Act, 1984') challenging the order passed by the Family Court, Bemetara, allowing the respondent/wife's application/plaint for custody of minor girl Ku. Sakshi under Section 25 of the Act, 1890.

(2.) As pleaded in the plaint filed by the wife, the parties were married about 7 years back from the date of institution of the proceedings by the respondent/wife. Two girl child namely; Ku. Ashtha and Ku. Sakshi were born out of the wedlock. On account of giving birth to two girl child, members of her in-laws' family started torturing her and the appellant/husband started threatening the wife to perform second marriage. The wife was locked in a room from morning to evening on 30.7.2011. When the lock was opened in the evening the wife was driven out of the house. On that date Ku. Ashtha accompanied the wife, but the husband forcibly retained Ku, Sakshi in his house. Being the natural guardian of the girl child, aged about 26 years, the application was filed for her custody.

(3.) The appellant/husband denied the plaint allegations, inter alia, stating that he is staying separately from the joint family only because of the quarrel raised by the wife and that she has left the matrimonial house on her own volition. Appellant also made allegation regarding the character of the respondent/wife. He admitted that he is working as Shiksha Karmi. Contrary to the earlier statement, he pleaded in para 6 of the reply that he is residing with his father in the joint family, where his parents, brothers, sisters and sister-in-law (babhi) are present to take care of Ku. Sakshi. It was specifically stated that if the girl child stays with her mother she will also become characterless like her mother.