ANURADHA SHARMA Vs. ANUJ SHARMA

JUDGEMENT

(1.) The present petition assail the order passed by the learned Judge, Family Court No.5, Pune on 13/04/2022, on an application fled by the petitioner/wife (Exh.12), seeking permission to relocate and shift alongwith her minor daughter to Krakow, Poland. By the very same order, the learned Judge has partly allowed the application fled by the respondent/husband (Exh.18) seeking a restraint order against the wife from taking the minor daughter, out of the jurisdiction of the Court and further injuncting the mother from changing the school of the daughter and for depositing her passport with the Court during the pendency of the petition.

(2.) The impugned order in the background of the applications will have to be appreciated by introducing brief facts.

(3.) One more petition came to be fled by the petitioner/wife under Ss. 7 and 8 of the Guardian and Wards Act, which was numbered as P.D. No.31 of 2020 and a relief was sought to the effect that she shall be declared as sole guardian and custodian of the minor child, aged about 7 years. The said petition came to be fled on 25/11/2020, wherein she pleaded that she had single handedly taken care of the daughter, since her birth, without any assistance from the respondent or his family and she was forced to leave the matrimonial home and her parents have been supporting and assisting her in taking care of her daughter. She also state that she as well as her daughter are attached to her parents and who endevour their co-operation in the activities of the minor child who is an extremely brilliant girl and deserve a conducive and affectionate environment. Pleading that she, as a mother, is best suited to promote her child's welfare and since, the child has not spent a single day under the exclusive care of the respondent, as he has prioritized his career and position in the society over the interest of his family and has made a meager contribution towards maintenance of the child, it was averred that he is disqualifed from seeking her custody.