KAJAL Vs. RAJESH RANA

JUDGEMENT

(1.) A petition under Section 25 of Guardian and Wards Act, 1890 (for short "the Act of 1890") was filed by appellant-Kajal claiming custody of her minor son Surya Rana from respondent Rajesh Rana. The petition was dismissed by learned District Judge, Family Court, Gurgaon, vide judgment dated 13.08.2014 passed in petition no.19 of 20.07.2012, assailing which the instant appeal was filed.

(2.) Precisely the facts garnered from the record are as under:-

(3.) The respondent contested the petition. In his written statement, he admitted the factum of marriage with the petitioner, but denied all allegations of demand of dowry ill treatment, cruelty etc. levelled by the petitioner. He also denied that there was an atmosphere of disharmony in his house. He pleaded that petitioner Kajal was a lady of cruel disposition. She had never cared for the child since his birth and did not have motherly affection towards him. She had voluntarily abandoned the child when he was six months old. He tried repeatedly to bring her back but she refused to join him or take care of the child even when he was unwell. The matter was taken up by an NGO also, yet the petitioner refused to accept him or the child.