PRATIBHA URF SONU Vs. MANISH BORASI

JUDGEMENT

(1.) Appellant has filed this appeal under Sec. 19 of Family Court Act, 1984 read with Sec. 47 of the Guardians and Wards Act, 1890 against judgment and decree dtd. 27/9/2024 passed by Ist Additional Principal Judge, Family Court, Bhopal (MP) in MJC-GW-34/2024 whereby an application under Sec. 39 of the Guardians and Wards Act, 1890 (hereinafter referred to as the "Act of 1890") filed by the respondent has been allowed.

(2.) Briefly stated, the case of the appellant before the Trial Court was that her marriage with the respondent was solemnized on 10/12/2012 and out of the said wedlock a daughter, namely Jainisha, was born on 5/12/2018. Due to marital disputes between the parties, the appellant instituted proceedings for divorce as well as an application for guardianship of the minor child under Sec. 7 of the Act of 1890. During the pendency of the said proceedings, mediation was conducted in October 2022 before the then Ist Additional Principal Judge, Family Court, Bhopal, wherein the parties arrived at a written settlement. At that time, the child was less than five years old. Accordingly, visitation rights were settled between the parties and, based on their joint application containing mutually agreed terms, a consent decree was passed in Miscellaneous Case No. 29/2020 on 5/11/2022 by the then Ist Additional Principal Judge, Family Court, Bhopal.

(3.) It was alleged that the appellant thereafter violated the terms of the compromise decree, whereupon the respondent filed a petition under Sec. 39 of the Act of 1890 seeking cancellation of the appellant's guardianship of minor Jainisha and seeking custody of the child. The appellant initially appeared before the Trial Court but subsequently stopped appearing and did not file any reply; therefore, she was proceeded ex-parte. Relying upon the pleadings and evidence adduced by the respondent, the learned Family Court passed the impugned judgment and decree dtd. 27/9/2024, allowing the respondent's application under Sec. 39 of the Act, 1890 and cancelling the appellant's guardianship, and consequently granting guardianship of the minor to the respondent-Father.