SONAL Vs. DEEPAK KHANNA AND ANOTHER

JUDGEMENT

(1.) This is an appellant (wife's) appeal from order wherein she has challenged the order dated 16.08.2016 passed by the Additional Judge, Family Court, Roorkee, District Haridwar, the said Court while exercising powers under Section 10 read with Section 25 of the Guardians and Wards Act has rejected the application and thereby decline to grant the custody of the minor son Arav to the appellant.

(2.) The appellant has filed an application before the court below on 08.10.2016, wherein she has prayed for the custody of the minor child namely Arav. The plaint allegations are that as a consequence of the wedlock, son Arav was born, who at the time of institution of the proceedings under Section 10 read with Section 25 of the Guardians and Wards Act was of only 4 years of age. The appellant case is that she being the mother and natural guardian has a prime concern of well being of the child. The custody of the child with the respondent is not safe because the respondent is keeping the custody of the child forcefully and gives inhumanly treatment to him.

(3.) The marriage between the appellant and the respondent no. 1 was solemnized on 15.01.2011, and according to the appellant her father who is an employee of ONGC, had friendship with one Mr. Surender Khanna, who is the brother-in-law of Deepak Khanna (respondent no. 1 herein). Often now and then appellant used to visit Dehradun and consequently they developed affinity & love and the marriage was settled. At the time when the marriage was being settled it was projected by the respondent no. 1 that he has holding a degree of M.Com and MBA and is working in a Multi National Company and is earning a sum of Rs. 35,000/- per month. The sister of respondent no. 1 namely Babli and his brother-in-law Surender Khanna by deceitfully taking appellant into confidence making her belief about of educational status of respondent no. 1 laid down the conspiracy and got the marriage solemnized.