GOPAL PRASAD MATHURIA Vs. ANGOORI DEVI

JUDGEMENT

(1.) This is plaintiff's First Appeal From Order directed against the order dated 24.4.1991 passed by Family Court Agra rejecting the plaintiff's application under Section 25 of the Guardians and Wards Act (for short the Act) and Section 6 of Hindu Minority & Guardianship Act.

(2.) The factual matrix is that the appellant and respondent being husband and wife, lived together and the wife gave birth to two sons namely Rabikant and Raghubir, but now they (the wife and husband) are living separately. The sons are with the mother. The father, appellant moved application for the custody of sons which was contested by the mother, the respondent, on the ground that since the appellant has remarried Smt. Munni Devi, in case the sons are given to the custody of father, the sons would get step-motherly treatment which would naturally affect welfare of the children. After considering facts, circumstances of the case and evidence on record, Family Court held that welfare of the children was with the mother hence the application of the husband was rejected. Against this order present appeal has been filed.

(3.) Learned Counsel for the appellant urged that the welfare of the children is more in the custody father than the mother and the appellant is in better financial position to maintain the children hence the impugned order was erroneous.