NIRMALA DEVI Vs. UMA DUTT

JUDGEMENT

(1.) The appellant who has been denied the custody of children born to her from the loins of the respondent has filed this appeal under Section 47 of the Guardians and Wards Act, 1890 (for short the 'Act').

(2.) The brief facts of the case are that the appellant filed a petition under Section 25 of the Act for the custody of twins master Bhupesh Kumar and master Bhuwnesh Kumar from the respondent, alleging therein that marriage of the parties had been solemnised on 31.07.2005. She has given birth to the aforesaid above-named twins on 24.06.2006, however, due to maltreatment given by respondent, she left his company and thereafter obtained mutual divorce on 17.02.2012. The respondent after the divorce did not allow the appellant to meet the children despite having committed and consented at the time of entering into mutual divorce.

(3.) It was further alleged that the appellant after obtaining divorce had got married to one Yadav Chand. Since, the appellant after giving birth to the above-named twins, underwent operation of family planning on the request of the respondent, she now cannot conceive and give birth to another child, which according to her would affect her marital life. It was also contended that the appellant on the basis of the mutual divorce and understanding arrived at that time was always under impression that she had equal right upon her children but the respondent did not permit her to meet children much less take their custody.