PRAVEEN KHOLI Vs. KOMAL

JUDGEMENT

(1.) THE appellant has preferred the present appeal under section 19 of the Family Court Act, 1984 assailing the impugned judgment and decree dated 24.08.2013 passed by the learned trial court of Shri Sameer Bajpai, Tis Hazari Court, and order dated 21.04.2014 passed by the learned court of Ms. Reena Singh Nag, Judge, Family Court, West, Tis Hazari Courts.

(2.) THE brief facts stated in the petition GP No. 73/12 titled as Smt. Komal @ Kamlesh versus Sh. Praveen Kohli are that the marriage between the appellant (Sh. Praveen Kohli) and the respondent (Smt. Komal @ Kamlesh) was solemnized on 15.02.2004 at Delhi according to Hindu rites and customs and out of the said wedlock, a daughter, namely, Archita was born on 18.07.2006. The respondent had filed the petition under section 25 of the Guardian and Wards Act for the custody of the minor daughter baby Archita from the custody of Praveen Kohli (appellant) on the ground that the appellant had developed an illicit relationship with one Ms. Kanchan Tiwari and has a child namely, baby Mahi from the said illicit relationship. Subsequently, the respondent (Komal@ Kamlesh) was thrown out of the matrimonial home in only wearing apparels.

(3.) SUBSEQUENTLY , on 21.03.2012 the respondent reached at the house of the appellant alongwith her brother and sister -in -law where the appellant was living in adultery with the said Kanchan Tiwari. Appellant along with the said Kanchan Tiwari gave merciless beatings to the respondent, her brother and sister -in -law. Then the respondent lodged a complaint vide D.D. No. 23 on 21.03.2012 and MLC was prepared but the police took no action regarding the same. It is further stated that the appellant has already remarried with other girl and is having children from the said wedlock, so the custody of the minor daughter, namely, Archita is not safe in the hands of the appellant. The respondent is in well position to look after and take care of the minor daughter and the future as well as the welfare of the minor is safe in the custody of the respondent.