LAWS(DLH)-2013-10-95

HARISH KUMAR Vs. ANU PRIYA

Decided On October 03, 2013
HARISH KUMAR Appellant
V/S
Anu Priya Respondents

JUDGEMENT

(1.) THIS is an appeal directed against the judgment and order of the Family Court delivered on 13.03.2013 dismissing the petition under section 25 of Guardian and Wards Act, 1890 (the 'Act').

(2.) THE brief facts of the case are that the appellant preferred a petition for custody and guardianship of his children. The marriage of petitioner and respondent was solemnized on 13.01.1996. The two children i.e. a daughter (Shubhangi) and a son (Sagar) were born on 27.12.1996 and 10.04.1999 respectively. On account of differences, the wife started living separately with the children from 03.05.2005 in her parental home. She did not join her matrimonial home at any stage thereafter. It is the common case of the parties that on 04.04.2011, the marriage of the parties was dissolved by a decree of divorce. It is in this background of circumstances i.e. the husband / appellant moved a petition under Section 25 of the Act. It was alleged during the proceedings by the appellant that the respondent interfered with his right to custody and visitation of the children and that it was in the best interest of the children that an order in his favour towards custody be made. The appellant alleged that the respondent neglected to take care of the health of his son who was suffering from a 'neuro problem'.

(3.) AFTER discussing the evidence, the impugned order observed as follows: