SHAKUNTALA Vs. RAJESH

JUDGEMENT

(1.) THIS appeal has been filed by the wife being aggrieved against the order dated 17.3.2006 passed by Additional District Judge, Bhiwani whereby petition filed by the husband under Section 6 of the Guardian and Wards Act, 1890 (for short 'the Act') for custody of a minor child Pooja has been allowed.

(2.) IN the petition filed before the Court below, it is pleaded by the respondent-husband that marriage between the parties was solemnised on 31.5.1997. Out of this wedlock, a female child, namely, Pooja was born. Due to temperamental differences between them, they could not live together as husband and wife. Consequently, their marriage was dissolved by an order of mutual consent passed under Section 13-B of the Hindu Marriage Act, 1955 in Lok Adalat on 3.10.2001. It is also averred that respondent has remarried with one widower Mohan Lal, who already had two children from the first marriage. Thus, the appellant has no love and affection for minor child Pooja. It is further alleged that his divorced wife has also been pregnant after her marriage with Mohan Lal, therefore, neither she nor her new husband has even thought of the welfare of Pooja. On these grounds, the respondent herein claimed custody of the minor.

(3.) THE learned Court below, after taking into consideration the evidence of both the parties, vide the impugned order dated 17.3.2006, allowed the petition. Hence this appeal.