DR. ARVIND KISHORE Vs. SMT. NEHA MATHUR

JUDGEMENT

(1.) This appeal is directed against order dated 10.1.18 passed by the Judge, Family Court No.1, Bikaner in Misc. Case No.788/16, whereby an application preferred by the respondent under Section 7, 10 of Guardians and Wards Act, 1890 (for short "the Act"), for appointing herself as guardian of her minor son, has been allowed.

(2.) During the pendency of the appeal, the appellant has filed an application under Section 12 of the Act, seeking visitation rights to his minor child Anay Kishore, which is being contested by the respondent by filing a reply thereto. However, with the consent of learned counsel appearing for the parties, the matter is finally heard at this stage.

(3.) The facts relevant are that the marriage between the appellant and the respondent was solemnized on 27.5.10, at Bikaner. Out of the wedlock, their son Anay Kishore was born on 21.5.11 at California, USA. Indisputably, the child Anay Kishore is citizen of USA and had been residing there since his birth. It is alleged that on account of the appellant indulging in illicit relationship, cruel treatment and his quarrelsome and stubborn behaviour, the respondent left the company of the appellant and came back to India on 13.11.13 alongwith the child Anay Kishore.