SUBA Vs. SALITA DEVI

JUDGEMENT

(1.) The present appeal has been directed against the judgment dated 16.03.2015 passed by the Civil Judge (Senior Division) Kaithal, dismissing the petition under Section 25 of the Guardian and Wards Act, 1890 filed by the appellant-father seeking custody of the minor - Seema (daughter of the parties).

(2.) The facts, in brief, are that marriage of the parties was solemnized in the year 1996 and out of the wedlock, minor Seema was born. After marriage, the respondent-wife left the matrimonial house without any rhyme and reason, filed an application under Section 125 of the Code of Criminal Procedure, got registered a criminal case for an offence punishable under Sections 406 and 498-A of Indian Penal Code. After getting a decree of divorce from the Court, the respondent got remarried to Suraj Bhan son of Ram Kishan and took the minor daughter along with her. The respondent is not looking after the child properly. The appellant is the natural guardian of the minor and is the best person to look after her and provide for her needs and comforts.

(3.) The respondent - mother filed the reply, denied the allegations raised in the petition with further averred that the appellant is a drunkard, unsocial and cruel person. He used to give beatings to the respondent after consuming liquor. He does not possess resources to provide for education, clothing, medicines and other necessities of the child. It is averred that as the appellant failed to pay the maintenance during pendency of proceedings under Section 13 of the Hindu Marriage Act, his defence was struck off and a decree of divorce was passed against him. The respondent and her husband are taking proper care of the minor. She is in a position to maintain the minor in the best possible manner.