NAGENDRA SINGH Vs. SHIVALIKA DAHIYA

JUDGEMENT

(1.) DELAY of 171 days in filing the appeal is condoned.

(2.) HAVING lost before the trial court in a petition filed under Section 25 of the Guardian and Wards Act, 1890 (in short "the Act") read with Sections 6 and 13 of the Hindu Minority and Guardianship Act, 1956 for the custody of minor daughter, namely, Rishita, the appellanthusband has approached this Court by way of instant appeal challenging the judgment dated 6.2.2012 passed by the District Judge, Family Court, Gurgaon.

(3.) A few facts necessary for adjudication of the instant appeal as narrated therein may be noticed. The marriage between the parties was solemnized on 22.4.2004 at Air Force Auditorium, Subroto Park, New Delhi. Out of the said wedlock, a daughter, namely, Rishita was born on 27.3.2005. At the time of birth of the child, nobody except the mother of the respondent visited the house of the appellant though her father stayed 200 meters away from his house. The mother of the respondent stayed at the appellant's house only for 10 minutes and left in a huff. With the passage of time, the child started to grow, the appellant and his parents became very affectionate and emotionally attached to the child upon which the respondent started behaving in a different manner with them. The appellant tried to make her understand not to indulge into any act which would disturb the paramount interest of the child and the family. The respondent did not mend her ways.