SAU.RESHMA SUMEDH BAWASKAR Vs. SUMEDH

JUDGEMENT

(1.) By this appeal, the appellant (opponent/wife) challenges judgment and order dtd. 15/6/2019 passed by learned Principal District Judge, Buldana in Guardian and Wards Case No.9/2019. The parties are hereinafter referred as per their original nomenclature.

(2.) Brief facts necessary for disposal of the appeal are as under:

(3.) As per the contentions of the applicant/husband, due to their matrimonial dispute, their ward is suffering from serious ailments. For better care and protection of the child, the applicant has settled the dispute and withdrawn the proceedings filed by him under Sec. 9 of the Hindu Marriage Act. The opponent/wife is not having sound economical condition to maintain the child. As the opponent/ wife had filed an application for grant of maintenance, it is sufficient to show that she is unable to maintain herself. In such circumstances, she is unable to take care of the child. Now, their child has attained the age of six years and the applicant/husband is a natural guardian. The child requires special care and treatment which opponent/wife cannot give. The applicant/husband had admitted his son in Joseph English School. However, the opponent/wife left the matrimonial home and now his minor son is unable to attend the school. Due to the said conduct of the opponent/wife, the academic career of the minor child is affecting. He further alleged that the opponent/wife is not allowing the applicant/husband to meet the child and depriving him from love and affection of his son. As the opponent/wife is residing at the mercy of her parents, she cannot take care of the child. On the other hand, the applicant/husband is the father who is a natural guardian and can provide due facilities and take care of his education and, therefore, he claimed custody of the child by filing the application.