ARCHANA Vs. SATYAJIT

JUDGEMENT

(1.) This Appeal is filed under Sec. 47(C) of the Guardians and Wards Act, 1890. The challenge therein is to the order dtd. 9/12/2020, passed by the Incharge Additional District Judge, Court No.4, Aurangabad in Civil Misc. Application (Civil M.A.) No.127/2019. By the impugned order, the application moved by the wife (appellant herein) for custody of her minor son has been partly allowed. Being aggrieved by, and dissatisfied with the impugned order, she has preferred this Appeal. Respondent No.1 herein is her husband, who has also preferred Appeal No.395/2021 challenging clause No.1(b), directing him to hand over the custody of minor to the appellant mother on every Sunday and also on other public holidays shown in the school diary.

(2.) The facts giving rise to the present appeal are as follows :

(3.) Heard. Mr. J.M. Murkute, learned counsel for the appellant wife would submit that, the respondent husband is a businessman. He leaves home early in the morning and returns late in the evening. Until 2020, the mother of the respondent husband was alive. She would look after the minor. The respondent's mother is no more. He, therefore, leaves Deven at the house of his sister. The appellant being the mother and natural guardian of the minor, is eager to have custody of the child. According to learned counsel, it would be the mother and none else who could take best of the care of her minor child. He would further submit that, the appellant wife is gainfully employed. There would, therefore, be no question of not providing the child with his necessities in life. The appellant being the mother, has an emotional bond with her child. Taking exception to the impugned order, the learned counsel would submit that, the learned Judge has placed reliance on the documents produced on record by the respondent husband. He has levelled allegations against the character of the appellant wife. The documents have been forged one. Those have not been proved in the proceedings before the learned Judge. The learned counsel took me through the various orders that had earlier been passed in relation to the custody of the minor. The learned counsel has also relied on the following authorities :-