RAMA ALIAS RAM KALA Vs. ANIL KUMAR JOSHI

JUDGEMENT

(1.) Contention of the appellant is that she was married with the respondent and out of the said wedlock two children were born, namely, Karan Joshi on 30.11.1986 and Mohit Joshi on 1.9.1992. The appellant has filed petition for custody of the younger son Mohit Joshi which was dismissed by the learned Additional District Judge on 15.2.1999 and hence this petition has been filed.

(2.) The contention of the appellant is that she was married with the respondent and the two children were born out of the marriage. However, there was divorce between the parties and after the divorce, she was remarried with Mr. S.S. Dewan who is retired as a Major from the Army and is having good income. It is the contention of the petitioner that minor Mohit Joshi (hereinafter referred to as "the minor") is not being looked after properly by the respondent and that he is unable to take care of the maintenance and study of the minor and that the petitioner is in a better position to give the minor best maintenance and the opportunity of studies and hence it is prayed that the custody of the minor be given to the petitioner. As stated above, the said petition was dismissed by the learned Additional District Judge and hence this appeal.

(3.) I have heard learned counsel for the parties.