SANGEETA Vs. SARWAN SINGH

JUDGEMENT

(1.) The instant appeal has been preferred by Sangeeta, the mother of the minor child Dhanveer Singh, impugning the order dated 19.11.2018 vide which petition filed by her under Section 25 of Guardian and Wards Act, 1890 (for short 'the Act') for getting the custody of her minor child was dismissed by the trial Court.

(2.) Few facts necessary for adjudication of the instant appeal as pleaded in the petition filed by the appellant-mother before the learned Court below may be noticed.

(3.) Upon notice, respondents filed their written statement before the learned Court below wherein they refuted and denied all the allegations of the appellant. They submitted that the appellant in fact was estopped by her own act and conduct to seek the custody of the minor son. It was submitted that the minor child Dhanveer Singh was being very well looked after by the respondents, who were showering him with all the love and affection and also taking care of his education. They rather alleged that on 28.06.2017, the appellant-wife after creating nuisance left her matrimonial home without any reasonable cause. A panchayat, which was subsequently convened to bring about an amicable settlement failed on account of the unbecoming behaviour of the appellant and her parents. It was submitted that in fact the appellant herself had abandoned her infant child in the matrimonial home. It was also submitted that an application containing false allegations was moved by the appellant-wife before Sub Divisional Magistrate (SDM), Dasuya in pursuance to which the minor child was produced before SDM, Dasuya wherein the minor child himself stated before the SDM that he would want to go with his grandmother. Thereafter vide order dated 11.08.2017, SDM Dasuya ordered that the custody of the minor son Dhanveer Singh be allowed to continue with the grandparents i.e. respondents.