NITABEN NIRMALBHAI PATEL Vs. NIRMAL AMRUTLAL PATEL

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment and order dated 30/6/2010 rendered by the Ld. Addl. District Judge, Valsad in Misc. Guardianship Application No. 26/2008, whereby the aforementioned application filed by the appellant herein, who was original petitioner in the said matter and which was filed under section 7 of the Guardians and Wards Act [hereinafter referred to as 'the Act'] came to be dismissed by the trial Court.

(2.) THE facts leading to the aforementioned proceedings under the Act before the trial Court is that the appellant married respondent on

(3.) THE trial Court, appreciating the oral and documentary evidence on record, considered that the respondent was doing work as Architect and Structural Designer and used to receive income. However, it was observed that he had not steady income like the income which the appellant used to get by way of salary, but the respondent had sufficient financial means to take care of daily need of Bhagyesh and to impart him good education. The trial Court further observed that since Bhagyesh was above 6 years of age, considering section 6 of the Hindu Minority and Guardianship Act, the father can be said to be the natural guardian. Even Bhagyesh expressed his desire to stay with his father, the respondent.