VARSHA W/O KAMLESH BATHAM Vs. KAMLESH

JUDGEMENT

(1.) This miscellaneous appeal is preferred by the mother of minor Yuvraj assailing the judgment dated 20.12.2016 passed by the First Additional Principle Judge, Family Court, Indore in Guardian Case No.76 of 2015 whereby the learned Family Court has declared Respondent No.1 father of minor Yuvraj, his lawful guardian and directed the appellant to hand over his custody to Respondent No.1

(2.) It is not disputed that the appellant-Varsha and Respondent No.1-Kamlesh got married on 21.12.2006. They blessed with a daughter Paridhi and son Yuvraj aged 9 and 5 years respectively.

(3.) It is further not disputed that during the existence of marriage with Kamlesh, Varsha left his house alongwith Yuvraj and started living with Respondent No.2-Rishi since 08.08.2013 and she begotten a son Virat on 30.03.2015 by cohabitation with Rishi and she is still residing with Rishi.