SHARIF KHAN Vs. MUNIYA KHAN

JUDGEMENT

(1.) This appeal is directed against an order dated 10th December, 2012 recorded in Civil Case No. 41/10 rejecting the application preferred by the appellant under Section 7 of the Guardian and Wards Act, 1890.

(2.) Admitted facts are that the marriage was solemnised between the parties prior to eight years ago which was duly consummated and two sons were born out of their wedlock, who at present are living with his mother at her parental house, at Jaura. It was alleged by the appellant that initially the behaviour of the respondent was not good and she oftenly used to quarrel with him. She left her matrimonial house with her children on her own and started living in her parental house. On the contrary, the stand of the respondent was that due to demand of dowry she was harassed by her husband-appellant. She stated that her husband deserted her out of the matrimonial house and therefore she started residing at her parental home. She also reported the incident to the police station, Jaura on which a Crime No.734/09 was registered against her husband and his relations. Meantime, she moved an application under Section 125 of Cr.P.C. for grant of interim maintenance before the court on which an order was passed after recording the pleadings and evidence of both the parties. The court vide order dated 6/7/10 directed the appellanthusband to pay monthly maintenance amount of Rs. 2500/- to his wife and Rs.1500-1500, respectively, to his children. Considering the future aspects of the children, the appellant moved an application for their custody before the court, which was rejected under the order impugned. Hence, this appeal under Section 47 of the Guardian and Wards Act 1890.

(3.) Learned counsel for the appellant contended that the trial court was not justified in rejecting his application for custody of the child. It is submitted that the respondent is not able to properly maintain their children and so looking to the welfare of the children, the application for custody of the children was moved which was not considered in proper way and rejected on wholly untenable grounds. Therefore, it is prayed that the appeal may be allowed and the custody of the children may be given to him.