SANDEEP SINGH SANGWAN Vs. RITU

JUDGEMENT

(1.) The instant appeal has been filed by Sandeep Singh Sangwan, the appellant, against the judgment and decree dtd. 28/3/2018 passed by the learned District Judge (Family Court), Ambala, vide which the petition filed by him under Sec. 25 of the Guardians and Wards Act, 1890 read with Sec. 13 of the Hindu Minority and Guardianship Act, 1956 (for short 'the Act'), seeking custody of his minor daughter, was dismissed. Brief facts of the case are that marriage between the parties was solemnized on 24/3/2010 at Shagun Palace, Ambala City, according to Hindu rites and ceremonies. After the marriage, the parties cohabited together in their matrimonial home and out of this wedlock, one female child, namely, Bhomika, was born on 5/10/2011. Since the day of marriage, the act and conduct of the respondent was very cruel towards the appellant and she used to harass and humiliate the appellant and his parents.

(2.) Respondent used to leave her matrimonial home after a short intervals of time, without consent and knowledge of the appellant or his family members and used to stay at her parental house. The appellant always remained concerned for the welfare and education of his minor daughter. In the month of April, 2014, the appellant got the child admitted in Father Angel Convent School, Nanhera, Ambala Cantt. Even thereafter, respondent used to quarrel on petty matter. However, under the pressure of the police, the custody of the minor daughter was again taken by the respondent, as a result of which, the minor failed to attend the school for about two months. On 2/11/2015, the parents of the respondent left the minor child with the appellant and then the child again started attending the school. However, on 11/3/2015, the respondent illegally took away the minor child from the school without the consent or permission of the appellant. The matter was reported to the police but the police failed to take any action. Finally, petition under Sec. 25 of the Act was filed by the appellant seeking custody of the minor daughter.

(3.) The petition was contested by the respondent, who filed written statement in which, it was denied that she used to ill-treat the appellant.