SURENDRA PATEL Vs. RITU @ VANDANA PATEL

JUDGEMENT

(1.) This appeal has been filed under Section 47 of the Guardians & Wards Act, 1890 and directed against the order passed by the learned First Additional District Judge, Narsinghpur (MP) in Misc. Civil Case No. 09/2012, dated 7-1-2013, whereby the learned Additional District Judge allowed the application filed by the respondent/applicant/wife Ritu @ Vandana Patel and granted custody of her daughter Vaishnavi aged about 2 years at the time of passing the order. The facts of the case are that the appellant was married to the respondent-Ritu alias Vandana on 18-4-2009. Thereafter, a daughter Vaishnavi was borne, out of their wedlock. After some time, discord arises allegedly on demand of dowry by the appellant. Thereafter, the respondent left the house of the appellant and started living with her parents. The assertion of respondent is that her daughter was forcibly snatched by the appellant, therefore, she lodged a First Information Report (FIR) against the appellant, which is under investigation.

(2.) On the other hand, the appellant alleges that the respondent left his house on her own. She was not taking care of her daughter and was not keen to give birth to the child and she also tried to avoid the delivery during her pregnancy. Under such allegations and counter-allegations, the application under Section 25 read with Section 12 of the Guardians & Wards Act, 1890, was filed by the respondent before the learned First Additional District Judge, which was decided by the aforesaid impugned order and the custody of the child (daughter Vaishnavi) was handed over to the respondent.

(3.) Aggrieved by the aforesaid order, this Misc. Appeal is filed by the appellant, alleging that the child was living with him and his mother Smt. Sunita Kushwaha (appellant No. 2), when due to the order of the Court her custody was handed over to the respondent. According to him, respondent was never interested in the child and she left the child on her own and she was living with her parents on its own sweets will. As the interest of child for taking care more effectively by the father, the custody of the child be handed over to the father.