REETA KHARE Vs. MANOJ KHARE

JUDGEMENT

(1.) This misc.appeal has been filed on 22.4.2019 under section 47 of the Guardians and Wards Act, 1890 against the order dated 8.4.2019 passed by the Family Court, Damoh in MJC (GW) No.3/2016. By the order impugned, the learned lower Court allowed the application filed by the respondent Manoj Khare under section 7 read with section 12 of the Guardians and Wards Act, 1890 and appointed him the guardian of daughter Muskan, aged about 10 years and son Mann, aged about 2 years.

(2.) It is an admitted position that appellant Reeta Khare married with respondent Manoj Khare on 15.1.2005, and out of their wedlock one daughter "Muskan" and one son named "Mann" were born. The appellant is working as Teacher in Government School. The appellant lodged a report under section 498-A of IPC against the respondent and a case vide Criminal Case No.242/2016 was registered against the respondent. In aforesaid case, the charges under section 498-A and section 324 of IPC were framed against the respondent by the Court and thereafter, the Judicial Magistrate First Class, Damoh acquitted the respondent by judgment dated 4.3.2017.

(3.) The respondent filed an application under section 7 read with section 12 of the Guardians and Wards Act, 1890 on 27.9.2016 for granting the custody of daughter Muskan and son Mann. The appellant filed the reply of aforesaid application on 6.2.2017. Thereafter the trial court framed the issues on 6.4.2017 and recorded the evidence of both the parties. On 8.4.2019 the impugned order was passed by the trial court by allowing the application filed by the respondent. The Court gave the custody of Muskan and Mann to the respondent.