SURENDER Vs. SUSHMA

JUDGEMENT

(1.) Appellant has assailed order dated 16.02.2015 passed by District Judge (Family Court), Bhiwani vide which petition under Section 6 of the Guardian and Wards Act, 1890 (hereinafter referred to the 'the Act') read with provisions of the Hindu Minority and Guardianship Act, 1956 for the custody of children was allowed in favour of the respondent.

(2.) Respondent sought custody of minors namely Riya daughter aged about 10 years, Himanshu son aged about 9 years and Ritesh son aged about 8 years. The petition was filed with the averment that marriage between the parties was solemnized in the year 2001, according to Hindu rites and ceremonies. Marriage was consummated and aforesaid three children took birth out of their wedlock.

(3.) Brief facts as gathered from the record are that respondent -wife alleged that on account of dowry demand, she was given beatings and was also tried to be killed by way of inflicting serious injuries upon her which ultimately entailed in lodging of criminal case bearing FIR No.272 dated 16.08.2012 under Sections 307/120 -B/34 IPC against the appellant - husband and his family members. Since then the respondent - wife started living separately as there was danger to her life. Respondent -wife further alleged that minors are in the custody of the husband -appellant and they are not being looked after properly. Respondent -wife claimed that she is earning Rs.10,000/ - per month from the avocation of tailoring and embroidery work. She is an educated lady having the qualification upto 10th class and can provide better education to the minor children. The welfare of the minors would be more in her company.