VIDYA SMT Vs. ANIL KUMAR LAKOTIA

JUDGEMENT

(1.) This appeal is filed against the dismissal of O.P.No.1186 of 1990 by the Additional Chief Judge, City Civil Court Hyderabad (Temp) filed under Section 25 of the Guardian and Wards Act for custody of minor children, viz., Master Bharat Kumar and Baby Arti from the respondent-husband.

(2.) Appellant herein is the wife and the respondent is the husband. It is the case of the appellant that their marriage took place in the year 1985 at Maheshwari Bhavan, Begum Bazar, Hyderabad as per Hindu rites and customs. After the marriage, the respondent was not satisfied with the articles and gifts presented by the parents of the appellant and there was a demand from the respondent-husband and his family members for getting more dowry. In the month of October, 1990 the parents of the appellant were at Rajasthan and on the intervening night of 4th and 5th October, 1990 the appellant was beaten mercilessly and was driven out of the house with a pre-planned scheme to drive her from the house after the departure of the respondent to Delhi. It is alleged that the appellant's life became miserable at the house of the respondent. She was also threatened with dire consequences and was driven out of the house of the respondent with four sarees and Rs. 60/- only. The appellant had no other go than to leave the matrimonial house. After being driven out she desired to go to Tuljapur for staying in the temple peacefully in order to forget the torture and physical assaults. However, she had no money to proceed to Tuljapur and therefore, desired to sell her gold ring at Secunderabad. In that pursuit, she went to one Jawaharmal's shop for selling the gold ring, which is situated in Secunderabad. It is stated that the said Jawaharmal took pity on the appellant and gave shelter to her for nearly ten days. Subsequently he informed the father of the appellant on 15-10-1990 about the appellant's stay in his residence, over telephone. On receipt of the telephonic message, the father of the appellant seems to have rushed to the house of Jawaharmal and brought the appellant to his house. The father of the appellant suspected foul play on the part of the respondent and his parents, lodged a compliant with the concerned police. However, the respondent seems to have managed with the police and got the case registered as a case of girl missing. The matter was later on enquired by the police and the case was altered and registered under Section 498-A of IPC.

(3.) It was stated that the two children born from out of the legal wed-lock were in the custody of the respondent-husband since 5-10-1990. It is alleged that they were wrongfully detained as a result of which the appellant's life has also become miserable. She made efforts to seek the custody of the children but could not succeed. It is further alleged that if the children are to remain in the custody of the respondent-husband, their life will be miserable without their mother's services and affection. It is alleged that the respondent being a businessman,has no time to attend to the welfare of the children.