POONAM GAHLAUT Vs. COL SANDEEP NAIN

JUDGEMENT

(1.) THE appellant has preferred the instant appeal against the judgement and order dated 14.9.2014 passed by Principal Judge, Family Court, Lucknow, allowing the application of the respondent under Section 25 Guardians and Wards Act, 1890 directing the appellant to handover custody of both the children to him.

(2.) BRIEF facts giving rise to the appeal are that appellant and respondent married on 3.3.1996 as per Hindu rites and traditions at Rohtak, Haryana, and out of their wedlock two children were born. The first child is Miss.Roop, her date of birth being 11.01.1997 and the second child Master Param, his date of birth being 16.7.2002. The respondent filed a petition under Section 13 of the Hindu Marriage Act before the Additional District Judge, Haryana for dissolution of marriage. The appellant without any permission deserted the company of respondent and moved away along with the children. She left her marital home on 10.8.2006 and did not return despite several requests made by the respondent. The respondent -applicant being the natural guardian, i.e. father, moved a petition for having the custody of the children before the Principal Judge, Family Court on the ground of welfare and for good upbringing of the children. The appellant -opposite party moved an application for maintenance before the G.O.C.,Central Command, Lucknow on 16.8.2006 for maintenance and the authorities were pleased to direct to pay the maintenance of Rs.8000/ - per month on her application. The appellant -opposite party since was of flickering attitude and by nature short tempered did not adhere to the advice of respondent -applicant for a job in army school, and despite his best efforts left the service of teaching without any plausible explanation on the ground that teaching profession is against her mental aptitude and by nature exhaustive. Apart from other grounds respondent in his petition before the Family Court alleged that the appellant -respondent is under depression and is not capable of handling the custody of children and more interested in enjoying the company of male persons. She has shown special interest in neighbour whom she subsequently married.

(3.) HEARD learned Counsel for the appellant, learned Counsel for the respondent and perused the record.