SANJEEV KUMAR Vs. RUCHI SHARMA

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant against the impugned judgment and decree dated 16.04.2018, passed by the Ld. Addl. District Judge, Family Court, Ambala (hereinafter referred to as the 'Ld. Family Court'), whereby, the petition filed by the appellant under Section 10 of the Guardian and Wards Act, 1890 (hereinafter referred to as 'the GW Act'), seeking custody of his minor son Saksham @ Aryan was dismissed and the respondent-wife was allowed to retain the custody of their minor son.

(2.) A few facts necessary for adjudication of the case, as pleaded in the petition filed by the appellant before the Ld. Family Court, may be noticed. The marriage between the parties was solemnized on 20th September, 2007, according to Hindu rites and ceremonies at Ambala Cantt. Out of the said wedlock, a son namely Saksham @ Aryan was born on 13th May, 2009, who is living with the respondent (mother of the minor son). The relations between the parties turned sour resulting in dissolution of their marriage by way of a decree of divorce passed by the Ld. Family Court on 30th July, 2014. The appellant alleged that after the divorce whenever he would go to meet his minor son, the respondent and her family would misbehave and prevent the child from meeting with him. He, further, pleaded that his son was not safe in the hands of the respondent, who was an ill tempered woman. She remained outside the house for most part of the day as she was a working woman and the child was dependent on others, whereas, on the other hand, appellant lived in a joint family along with his parents, where the son would be better taken care of. It was also pleaded that since the appellant worked out of home, he would have all the time to devote to his son. He alleged that the respondent and her family had been poisoning the mind of the minor son against him and his family and being the father and natural guardian of their minor son he was entitled to get his custody.

(3.) On the pleadings of the parties, the following issues were framed by the Ld. Family Court:-