MANOHAR LAL Vs. RITU RANI AND ANOTHER

JUDGEMENT

(1.) The instant appeal has been preferred against the impugned judgment and order dated 03.04.2017 passed by the Additional Civil Judge (Sr. Division), Guhla, vide which the petition of the appellant for custody of the minor child was dismissed.

(2.) As per the averments made in the petition filed by the appellant-Manohar Lal before the Court below, the parties had solemnized their marriage on 15.04.2008 as per Hindu rites, customs and ceremonies. Out of the said wedlock, one girl child-Radhika @ Vasnavi was born to the parties on 28.01.2009 at Cheeka. It was averred that the respondent-Ritu Rani along with the minor child had left the company of the petitioner (appellant herein) without any reasonable cause and had started residing in her parental house. Since the parties were unable to reconcile their differences, a joint petition under Section 13-B of the Hindu Marriage Act, 1955 was filed leading to the dissolution of marriage between the parties by mutual consent vide order dated 10.12.2012 passed by the Additional Civil Judge (Sr. Divn.), Guhla. As per the appellant/petitioner, it had been agreed upon between the parties that the custody of the minor child-Radhika @ Vasnavi would remain with her mother i.e. the respondent-Ritu Rani as long as she did not re-marry and on performance of a second marriage, the appellant would be entitled to the custody of the minor child. It was also averred in the petition that ever since the re-marriage of the respondent-Ritu Rani, she had been residing with her second husband at Kaithal leaving the minor child in the custody of respondent No.2 i.e. the father of respondent No.1. It was pleaded that since the minor child was not being taken proper care of and was being neglected by the respondents, she was not growing up in a conducive atmosphere which was necessary for her healthy and normal upbringing. Hence, in this background, the appellant/petitioner pleaded that he and his family were ready and willing to keep his minor daughter with him so that he could provide her with a normal and good life.

(3.) In the written statement filed by the respondents they refuted and emphatically denied the allegations and averments of the appellant/petitioner. It was contended by the respondents that in fact the appellant/petitioner and his family treated the respondent No.1 with mental and physical cruelty right from the time of their marriage as they were dissatisfied with the dowry which the respondent No.1 had got at the time of her marriage with the appellant. It was further alleged that the appellant and his family would often taunt respondent No.1 for delivering a female child and had turned her out of the matrimonial home along with her minor child who at that point of time was only 05 months of age. The respondent No.1 while refuting the allegations of the appellant qua the minor child being neglected, submitted that in fact she was being properly taken care of with love and affection not only by her but by her second husband as well and she was growing up in a normal, healthy and conducive atmosphere.