MANJU RANI Vs. KARTAR SINGH

JUDGEMENT

(1.) The instant appeal has been preferred by the wife Manju Rani, impugning the judgment and decree dated 14th July, 2015, passed by the Ld. District Judge, Family Court, Hisar (in short 'Ld. Family Court') vide which the petition filed by her, under Section 25 of the Guardian and Wards Act, 1890 (for brevity 'the Act'), seeking custody of her children namely Trivesh @ Hanny, Neelam and Manni, was dismissed.

(2.) A few facts necessary for adjudication of the case, as pleaded in the petition filed by the appellant-wife (petitioner therein) before the Ld. Family Court, may be noticed. The marriage between the parties was solemnized on 23rd April, 2000 at Hansi, as per Hindu rites and ceremonies. The parties lived and cohabited together at Village Prem Nagar and three children namely Trivesh @ Hanny, Neelam and Manni were born out of the wedlock, who are in the custody of the respondent-father. The respondenthusband and his family would ill-treat the appellant and subject her to severe physical and mental harassment. The respondent-husband was a drunkard and would demand money from the appellant to meet his expenses. Parents of the appellant-wife would come to her rescue and fulfill the demands of the respondent-husband and his family. The respondent had no love and affection for the children who too would be beaten up by him. In the month of January 2012, the appellant-wife was turned out of the matrimonial home by the respondent-husband. Many Panchayats were convened to bring about a reconciliation between the spouses, but in vain. As per the appellant, the respondent-husband is presently running a Kiryana shop in the village and he remains at his shop for most part of the day. There is no body to take care of the children, who are being thus neglected. The appellant pleaded that since she was the natural guardian of her children, she was in a better position to shower all the love and affection necessary for their all round development and also provide them good education at Hansi.

(3.) On the contrary, in the written statement filed by the respondent-husband before the Ld. Family Court, he categorically refuted and denied all the allegations. It was submitted by the respondent-husband that the appellant-wife (mother) had all along been neglecting the children and had no love and affection for them. The mother in fact was a stranger to the children as she had herself abandoned and left them at the mercy of the respondent when they were very young and the youngest son at that time was only six months old. Even though he had made earnest efforts for reconciliation but the wife had refused to live with him. She had also lodged a false FIR No. 48, dated 01.12.2006, under Sections 323,498-A,406, 506 IPC, at Police Station Hansi and a frivolous petition under Section 12 of the D.V. Act with the collusion of her parents and relatives against the respondent-husband and his aged parents. He submitted that he was giving all the love and affection to the children and was looking after them in the best possible way. She willfully deserted him and the children continuously for almost 07 years 04 months.