NARESH KUMAR Vs. ANITA RANI

JUDGEMENT

(1.) This appeal is directed against the order dtd. 9/1/2019 passed by the Family Court, Hisar, by which petition filed by the respondent-wife for seeking custody of her minor daughter Upasana has been allowed.

(2.) In brief, the appellant got married with the respondent on 11/5/2005 at village Rawal was Khurd, Tehsil and District Hisar as per Hindu rites and ceremonies. They were blessed with two daughters, namely, Mehak and Upasana, born on 10/2/2009 and 20/12/2010 respectively. The respondent-wife was allegedly harassed and humiliated for bringing less dowry and was thrown out of her matrimonial home by the appellant-husband and without obtaining decree of divorce, the appellant-husband allegedly solemnized second married with one Divya and out of the said marriage, one daughter was born on 11/10/2012. It is also alleged that the appellant-husband had also filed an application under Sec. 97 of the Code of Criminal Procedure, 1973 and got the custody of both the daughters in pursuance of an order passed by the Court of SDM, Hisar. It was further alleged by the respondent-wife that the appellant-husband used to remain out on work and the second wife (Divya) used to harass, humiliate and ill-treat both the daughters. On this premise, the petition was filed by the respondent-wife for seeking custody of Upasana.

(3.) The appellant-husband had denied the allegations in regard to the demand of dowry etc. rather it is alleged that the respondent-wife herself used to harass him and his family members as she had never given due respect to him and he has never contracted second married with Divya.