RUP KUMAR ALIAS RUPA Vs. KAMLESH

JUDGEMENT

(1.) The appellant-husband has filed this appeal challenging order dated 4.7.2016 passed by the learned Civil Judge (Senior Division), Kaithal, whereby a petition under Section 25 of the Guardians & Wards Act, 1890 (hereinafter referred to as "the Act") filed by him seeking custody of his minor son namely Kamaldeep @ Kamaljit, has been dismissed.

(2.) The appellant-husband, in his petition, averred that he was married to respondent-wife 18 years back in accordance with Hindu rites and ceremonies and two children were born out of the wedlock. While the daughter had expired, the minor son namely Kamaldeep @ Kamaljit was studying in 5th class. The appellant-husband averred that the respondent-wife left matrimonial home in August 2010 and had been living in a rented house alongwith minor son in the company of one Mukesh Saini in a live-in relationship. The appellant-husband, while asserting that he has reasonable income to maintain his minor son, prayed for custody of his minor son.

(3.) The respondent-wife, while contesting the petition, filed her reply stating therein that the appellant is a man of bad habits and spends his entire income pursuing his vices and that she had started living in her parental home alongwith her minor child, who is studying in class 7th. The respondent-wife alleged that the appellant-husband has no love or affection for the minor child and seeks his custody only to harass her.