MAROTI Vs. NEHA

JUDGEMENT

(1.) The appellants, who are original non applicants in Misc. Civil Application (RJE) No. 20 of 2019, have challenged the judgment and order dtd. 7/2/2020 in the aforesaid application, whereby they are asked to hand over custody of minor children namely, Akshara and Pranavi to present Respondent i.e. original applicant and mother of the aforesaid children. The said order has been passed by the learned trial Court i.e. District Judge-1, Bhokar, who has also allowed the present appellants to meet the children by giving 24 hours' prior intimation.

(2.) The background facts are as under:

(3.) The learned Counsel for the appellants vehemently argued that the impugned judgment and order is definitely erroneous, as it is passed only by considering natural guardianship of the minor daughters and not considering factual aspects of the case, such as financial position of the Respondent and welfare of the minor daughters. According to him, the learned trial Court has also erred in holding that the Respondent, being natural guardian of the minor daughters, is entitled for custody. The learned Counsel, in support of his submissions, relied on the following judgment: