DEEPAK SATYANARAYAN SHARMA Vs. KANCHAN

JUDGEMENT

(1.) Admit. The appeal is heard finally with the consent of the learned counsel for the parties. By this appeal, the appellant challenges the judgment of the Family Court No. 4, Nagpur dated 11th April, 2011 dismissing the petition filed by the appellant under Section 25 of the Guardian and Wards Act, 1890 seeking custody of his two minor sons from the respondent.

(2.) Few facts giving rise to the appeal are stated thus:-

(3.) It is pleaded by the appellant that his elder son Alok is about five years of age and was taking education in the Nursary Classes in a convent school near Medical Square, Nagpur. It is pleaded by the appellant that the appellant was required to spend Rs. 2000/- towards admission fees of Alok, his elder son, and Rs. 2400/- for the tuition fees. According to the appellant, though the books and uniform of his son Alok were purchased, the respondent carried Alok and the other son Mohit, who was just about 2 years of age and suffering from paralysis of his left leg to Mangwadi, which is a remote village. According to the appellant, the future of both his children was spoiled as they were removed from the advanced city like Nagpur to a remote and interior village like Mangwadi. It is stated in the petition that Mohit was suffering from paralysis of his left leg and was under medical treatment in the Government Medical College, Nagpur for more than six months. It was also pleaded that the appellant was residing with his father who owns 12 acres of land. The appellant was also serving in a Service Centre for the repairs of two wheelers and had sufficient income to provide good and proper education to both his children and medical treatment to his younger son Mohit. It was pleaded that the respondent had no independent source of income and hence both children were likely to suffer, if they remained in the custody of mother at Mangwadi.