VASANT KUMAR SINGH Vs. KAVITA SINGH

JUDGEMENT

(1.) Heard.

(2.) The instant appeal has been preferred against the order dated 03.12.2014 passed by the Third Additional District Judge, Surajpur in Civil Suit No.26-A/12, whereby the petition of the appellant/father under Section 6 of the Hindu Minority and Guardianship Act, 1956 (for short the Act, 1956) for the custody of the child, has been dismissed, however, reserving a right to father to meet the child on the first sunday of every month apart from the festivals like Holi, Diwali, New Year and birthday, in a public place in between 11am to 5 pm. The order further observed that to comply the said direction i.e. to bring the children in a public place would be that of the mother/defendant No.1 and the place of public choice would be under a prior intimation.

(3.) The facts of this case are that a petition was filed by the father under Section 6 of the Act, 1956 and custody of the child namely Shreyansh Kumar Singh alias Pranjal, who at the time of filing of the petition was 5 years & 4 months old in the year 2012 was claimed. Undisputed facts are that the respondent No.1 Smt. Kavita Singh was married to Vasant Kumar Singh on 03.02.2006 according to the hindu rituals. Subsequently, out of the wedlock a child namely Shreyansh Kumar Singh was born on 18.01.2007. As per the averments of the appellant, when the matrimonial life could not go along, the wife Smt. Kavita Singh lodged a complaint under Section 498-A IPC at Vishrampur, which is her maternal place, the said complaint on further date was transferred to the Durg, wherein the place of crime was said to have happened. It is contended that on behalf of the child namely Shreyansh Kumar Singh, the mother had filed an application before the Chief Judicial Magistrate, Surajpur under Section 125 Cr.P.C. and claimed an amount of Rs.2000/-. It was stated that the wife do not have any source of income as she was claiming the right of maintenance, consequently she would not be able to maintain her child with proper care. The appellant further claimed that he is a teacher of national level in central school presently and at the time of filing of petition he was posted at Manipur and being teacher in such capacity he would be able to impart the proper education to his child. It was stated that on 27.12.2011, the mother Smt. Kavita Singh kept the son in her custody, which has hampered his education as such the child being more than 5 years, the custody may be handed over to him. It was further pleaded that the appellant being the father would be able to take care of the child in proper manner.