RAVI KUMAR Vs. MANJU

JUDGEMENT

(1.) The instant appeal has been preferred by the father-Ravi Kumar, impugning the judgment and decree dated 19th March, 2019, passed by the Ld. Guardian Judge, Chandigarh (in short 'Ld. Court below') vide which the petition filed by the respondent-mother/Manju, under Sections 7, 9, 17 & 25 of the Guardian and Wards Act, 1890 (for brevity 'the Act'), seeking custody of her minor son, was allowed.

(2.) A few facts necessary for adjudication of the case may be noticed.

(3.) The marriage between the appellant and the respondent was solemnized on 26th January, 2006, at Chandigarh. A son namely Shourya was born out of the said wedlock on 01.01.2007. However, differences cropped up between them and their relations turned sour soon thereafter. All the efforts made by the wife time and again to salvage her marriage proved futile. It was alleged by the respondent-mother that in her absence, the husband had emptied the house of all the household articles where they had been residing i.e. House No. 193-A, Sector 51, Chandigarh and moved to an undisclosed address along with their minor son Shourya. As the relations between the parties deteriorated, their marriage was dissolved by decree of divorce dated 20th August, 2015 (Annexure P-7). She alleged that the husband was a drunkard. He remained out of the house for most part of the day, as he was working with Ace Tutorial, Sector 34, Chandigarh as a tutor. Resultantly, their minor son was left with no other option but to remain in the Institute with the father till 08:00 P.M., which was not conducive to his normal and heathy development. She alleged that the son had been forcibly taken away from her custody on 14.11.2013, even though both the son and she were very attached to each other. She further alleged that the appellant-father was in the habit of using abusive and foul language against both her and the son and would even beat up the minor child. Hence, she filed the petition seeking custody of her minor child.