RAYMAN Vs. LEKH RAJ KUKREJA

JUDGEMENT

(1.) THE career of two innocent minors is at stake and made un -certain by tug of war due to hostile attitude of their parents who are running in diagonally opposite directions, caring little for the betterment and well being of their own progeny while levelling allegations and counter allegations even to the extent of immorality against each other. In such a situation a more onerous duty is cast upon the Court to vouch safe the welfare of the minors.

(2.) THIS appeal is directed against the order of Guardian Judge, Ambala, dated 20.01.1990 whereby the custody of minor children, namely, Gorav and Neha, now aged 16 and 12 years respectively, was given to their father -Lekh Raj Respondent.

(3.) SKIPPING superfluities, the case of respondent is that parties to the litigation were married on 28.4.1977 according to Hindu rites and ceremonies. From the wedlock of the parties, three children were born. The first child Gorav was born on 8.2.1978, the second daughter, Neha, was born on 18.3.1983 and the third daughter Rupika was born in adoption to Mrs. Anup Dhillon, sister of the appellant. The respondent claimed custody of the aforementioned two children on the grounds that he came to know on 13.7.1987 that appellant was living in adultery with one Virender Kashyap, a Building Contractor and since then he had not shared bed with the appellant. The relations between the parties became strained due to said love affairs of appellant and Virender Kashyap. Since illicit affairs of the appellant with Virender Kashyap could bring bad effect on the minds of the children, who were growing up their custody was claimed by the respondent in welfare of the minors.