KAMLA BAI DANSENA AND OTHERS Vs. SUBRAN DANSENA

JUDGEMENT

(1.) Appellant is aggrieved by the order passed by the Family Court, Raigarh, allowing the respondent/father's application under Section 25 of the Guardians and Wards Act, 1890 whereby the custody of minor Yashwant Kumar, aged about 7 years and Jashwant Kumar, aged about 6 years has been directed to be handed over to the respondent.

(2.) The parties were married on 25.03.2005. Thereafter, minor Yashwant Kumar was born on 24.11.2007 and Jashwant Kumar was born on 23.02.2009.

(3.) It is averred by the respondent that during stay of the appellant No. 1 at the Matrimonial house, the wife used to address his parents as Tonhi (persons practicing witchcraft) and raises quarrel on trivial issues. On her persuasion, the respondent started residing separately from his parents, but still the wife's behaviour did not improve, therefore, they went to village Regaon (Tamnar) but here also the wife's behaviour did not improve despite persuasion by the elderly members of the society. The husband, thereafter, moved an application for grant of divorce which was rejected by the Family Court. The appellant No. 1/wife is separately living with minor sons namely; Yashwant Kumar & Jashwant Kumar, however, she has no means to take care of their up-bringing including education, therefore, the respondent/father sought custody of the minors.