SALIM YOUSUF JAMADAR Vs. RESHMA SALIM JAMADAR

JUDGEMENT

(1.) The appellant husband who is the original respondent in Civil Misc. Appln. No. 45/2020 filed by respondent - wife under Sec. 8 of the Guardians and Wards Act, has challenged the order dtd. 3/3/2022 passed therein by the learned District Judge-1, Omerga, District Osmanabad (hereinafter referred to as "the trial Court "), in the present appeal.

(2.) The background facts can be summarised as under :

(3.) The learned Counsel for the appellant submitted written notes of argument by giving chronology of the facts which led to filing of this application under Sec. 8 of the Guardians and Wards Act by the respondent - wife. In addition to that, he also raised issue of jurisdiction and submitted that the learned trial Court, only on assumption and presumption, wrongly held that the children ordinarily resided at Aloor. On the aspect of welfare of the child and best interest of the child he submitted that the learned trial Court failed to appreciate specific provisions of Ss. 17 and 25 of the Guardians and Wards Act. According to him, the appellant - father is residing in Pune which is admittedly a better place than Aloor where the respondent - mother resides. He claims that the appellant - father is financially much more sound than the respondent - mother, and therefore, can give better future to the children. He further submits that the parents of the respondent wife are labourer and it has also come on record that the respondent wife is not doing anything and she has not even claimed maintenance till today. As such, it can easily be inferred that the appellant - husband is in better position to take care of financial needs of the children who have already crossed 5 years of their age. As such, he prayed for setting aside the impugned order. He placed reliance on the following judgments.