MANOJ KUMAR GOSWAMI Vs. SMT. SUDHA SHARMA

JUDGEMENT

(1.) This Miscellaneous Appeal is preferred under Section 47 of Guardians and Wards Act 1890 by the appellant/father against the respondents, challenging the order dated 26/10/2018 passed by First Additional Sessions Judge, Ganjbasoda, District Vidisha M.A. No.1732/2020 (Manoj Kumar Goswami Vs. Smt.Sudha Sharma and others) (M.P.) in M.J.C. No.04/2016, whereby, the petition filed by the appellant is allowed to the extent that he can meet his sons once in a month for four hours and he may talk twice on phone in a month.

(2.) The facts of the case in short are that the appellant and late Riturani were legally wedded on 25/05/2001. Thereafter, due to their wedlock, they got two sons, one Dev Goswami and Yash Goswami, who are in custody of the respondents. The date of birth of Dev and Yash are 10/02/2004 and 07/04/2005 respectively. Just after birth of aforesaid sons, the wife of the appellant became seriously ill. Despite various treatments, she passed away on 28/09/2012. After death of appellant's wife, appellant sent his sons to the respondents to change the atmosphere. Thereafter, he went many a times to get back his sons but respondents refused the appellant and treated him improperly. Hence, the appellant filed application under Section 25 of Guardians and Wards Act, which was registered as M.J.C. No.04/2016, wherein the impugned order has been passed.

(3.) Learned counsel for the appellant has submitted that the order impugned is against the provisions of law. The appellant is the natural guardian of his minor sons. The appellant is an Officer in Indian Army and is competent to maintain his sons properly. Due to aforesaid order, the appellant has been deprived from his paternal obligations. The appellant is seeking custody of his sons M.A. No.1732/2020 (Manoj Kumar Goswami Vs. Smt.Sudha Sharma and others) with a view to make their future bright. He belongs to a reputed family. Therefore, he prayed to set aside the impugned order and allow the appeal.