BHAGWATIBAI Vs. KAMAL AND ORS

JUDGEMENT

(1.) Heard. The appellant has assailed the judgment of Family Court at Khargone, in case No. 181/2006 delivered under section 47 of the Guardian and Wards Act, 1890, granting the custody of the respondents No. 2 and 3 to the first respondent. It is submitted that the petition under section 25 of the Guardian and Wards Act in which, the impugned order has been passed was filed by the first respondent only after, the appellant filed the petition under section 125 of Cr.P.C. for grant of maintenance for herself and two children namely - Shubham and Shyam i.e. respondent No. 2 and 3. In the said petition, the appellant supplied sufficient cause for her not staying with the first respondent as he inflicted cruelty upon the appellant.

(2.) In that petition, maintenance at the rate of Rs. 1000/- per month granted for the appellant by the first respondent and Rs. 600/- each for the respondent No. 2 and 3 but not a single penny has been paid by the first respondent towards maintenance. In fact, on account of this default even warrant was also issued against the first respondent, which fact is admitted by the first respondent in his cross examination.

(3.) It is only after the representation of the appellant under section 125 of the Guardian and Wards Act was filed, the first respondent just to avoid to pay the maintenance, filed a petition under section 25 of the Guardian and Wards Act seeking custody of the respondent Nos. 2 and 3, despite having no such intention to maintain them.