MUKAND SWARUP Vs. MANISHA SWARUP

JUDGEMENT

(1.) IMPUGNED judgment of 30th September, 2013 grants permanent custody of children Master Shubham, aged about eleven years and Kumari Radhika, aged about fourteen years to respondent -wife on application under Section 25 of The Guardians and Wards Act, 1890. The facts of this case find mention in the impugned judgment and needs no reiteration.

(2.) IT would suffice to note that parties got married on 31st October, 1998 and their marriage ran into rough weather resulting in proceedings under the Protection of Women from Domestic Violence Act, 2005 and filing of application under this enactment. Whether it would be in the welfare and interest of children to handover their custody to their mother is the question which has been considered by the trial court in the context of evidence led by the parties. The parties are well qualified professionals, who are earning well. The comparative financial superiority of father is no ground to deny the custody of children to mother. However, conduct of the parties is to be seen while determining as to whether custody of children should be with the father or mother.

(3.) RELIANCE was placed upon decisions in Bimla Vs. Daya Ram & ors. : 116 (2005) DLT 208; Sheila B. Das Vs. P.R. Sugasree : (2006) 3 SCC 62; Ravi Dadu Vs. Seema Gupta, 2006 (132) DLT 524; Nil Ratan Kundu & anr. Vs. Abhijit Kundu : (2008) 9 SCC 413; Raj Roshini Vs. Surinder Kumar : 2009 (6) AD (Delhi) 59; Gaytri Bajaj Vs. Jiten Bhalla : (2012) 12 SCC 471 & Shaleen Kabra Vs. Shiwani Kabra : (2012) 5 SCC 355 in support of the above submissions.