MOHAMMED SARWAR Vs. ARMAN KHAN

JUDGEMENT

(1.) This appeal is directed against order dated 31st August, 2018 passed in Miscellaneous Civil Suit No.21/2015 passed by First Additional Principal Judge, Family Court, Durg rejecting appellant's application under Section 10 (1) of the Guardians and Wards Act, 1890 for custody of his minor son - Mohammad Arman Khan.

(2.) The appellant moved an application before the Family Court seeking custody of his child on the pleadings, inter alia, that son Arman, was born on 07.11.2007, out of the wedlock of appellant and the respondent. According to the appellant, respondent/wife left the matrimonial house after conceiving and thereafter, she never returned. False cases were also got registered against the appellant alleging cruelty but, in all those cases, he has been acquitted. He is not being allowed to meet his own child. According to him, respondent/wife does not have the requisite financial capacity to arrange for education and other needs of the child. Lack of interaction within the family and in the society is adversely affecting growth of the child and the father, being natural guardian, has all the financial capacity to provide for the needs, custody of the child may be awarded to him.

(3.) Opposing the application, the respondent/wife stated that Arman is an adolescent child and is fully dependent upon her and as she is earning well and is also getting full support from maternal side, custody of child may be given to her. She has further stated that as the appellant has contracted second marriage and three children have been born out of their wedlock, the child Arman may not get conducive atmosphere for his proper growth in such a family consisting of step mother.