PAPPU Vs. KAUSHAL

JUDGEMENT

(1.) This first appeal is preferred against the judgement and decree dated 08.01.2010 passed by Additional District Judge, Baghpat in Misc. Case No. 3/2001 under section 25 of Guardians and Wards Act, 1890.

(2.) The brief facts which give rise to this appeal are that the appellant preferred an application under section 25 of Guardians and Wards Act, 1890 for having custody of his two minor daughters namely Km. Monika and Km. Komal.

(3.) As per the averments made in the application, the appellant was married to the opposite party no. 2 Smt. Kaushal with all Hindu rites on 22.05.1991 and out of the said wedlock two daughters were born. The elder daughter Monika was born on 31.08.1993 and the younger daughter Km. Komal was born on 25.10.1994. Thereafter, the opposite party no. 1 suddenly left the house of the appellant and went to her father (opposite party no. 2) and thereafter she performed second marriage with one Mehak Singh on 06.10.1998 and handed over his elder daughter Km. Monika to opposite party no. 2 Sukhbir and his younger daughter Komal is still living with opposite party no. 1 at the house of Mehak Singh. The opposite party no. 1 is not taking care of her two daughters nor she is taking care of education of her two children. In fact the applicant is the natural guardian of both the daughters and he so many times requested opposite party no. 1 to hand over the custody of his two daughters to him but the opposite party no. 1 refused. Hence, he moved the application under section 25 Guardians and Wards Act, 1890.