SUDESH Vs. ADDITIONAL FAMILY COURT JUDGE

JUDGEMENT

(1.) THIS appeal, preferred under Section 47 of the guardians and Wards Act, 1890, is directed against the judgment and order dated 23-7-2005, passed by learned Additional Judge, Family court, Roorkee, in Misc. Case No. 04 of 2004, whereby it has allowed the petition, moved under Section 7 read with Section 25 of aforesaid Act and directed that two children, namely, Nitin Kumar and Km. Shivani alias Heena be handed over by the appellant Sudesh (mother) to respondent madan Pal (father ).

(2.) HEARD learned counsel for the parties.

(3.) BRIEF facts of the case are that appellant Sudesh got married to respondent madan Pal on 30-5-1991. Out of the wedlock three children born, namely, Niraj kumar, Nitin Kumar and Shivani alias heena on 28-10-1992, 23-6-1995 and 7-8-1998 respectively. Admittedly, the elder son niraj is living with the father and the remaining two children are living with mother. It is also not disputed between the parties that vide judgment and order dated 29-5-2001, by Civil Judge (Senior Division)/f. T. C. II, Roorkee, the decree of divorce was passed and the marriage between the present appellant Sudesh and respondent Madan Pal is already dissolved. All the three children are minor.