MEGHA SOOD Vs. AMIT SOOD

JUDGEMENT

(1.) Children are innocence personified. For their ideal development, it is essential that the period of innocence be cherished and protected. This however remains a pipe-dream where parents clash. Reasons for such clashes may be many but primarily it is ego or lust. One or the other parent is unable to check this primordial urge even though parents are supposedly mature and responsible. As a result, the children suffer. Courts are asked to decide what is in their best interests because the parents have abdicated their duties and responsibilities.

(2.) Facts in brief are that marriage between the parties was solemnized on 03.05.2008. A male child namely Lakshin was born on 16.07.2009 and a female child namely Tiana was born on 13.03.2017. Thus, Lakshin is presently about 11 and a half years old and Tiana is about 04 years old. The parents have separated since 16.02.2019. The case of the wife is that she has been thrown out and has not been permitted to take the children along with her, whereas the husband says that she has deserted the family. Be that as it may, the fact remains that a petition under Sections 7, 10 and 25 of the Guardians and Wards Act, 1890 (hereinafter referred to as the Guardian Act) has been preferred by the wife on 30.05.2019 in which an application under Section 12 thereof has been filed for grant of interim custody. The said application has been rejected vide impugned order dated 05.02.2020. However, the mother has been permitted to meet the minor children as provided in the said order.

(3.) The petitioner-mother was working as a teacher in Delhi Public School, Sector 40, Chandigarh, since April, 2009. She resigned on 15.02.2019. She is a Post Graduate. After the separation, she has taken up a teaching job in June-July, 2019 in Panchkula. Currently, she is residing with her parents in Mansa Devi Complex, Panchkula.