PRABAT SINGH Vs. ROOPKANWAR

JUDGEMENT

(1.) This appeal has been preferred by the appellant-husband against order dtd. 25/7/2023 passed by learned Family Court No.2, Jodhpur in Civil Case No. 06/2018 (N.C.V No. 24/2015) by which learned trial court has dismissed the prayer of appellant for custody of the child, who is currently residing with the respondent.

(2.) As per facts available on record, the appellant and the respondent tied matrimonial chord on 30/6/2006 as per Hindu rituals and ceremonies. This sacrosanct alliance eluded the couple, inasmuch as soon after the marriage, and matrimonial discord surfaced, which has loosened the said knot. Both the parties blame each other for sordid state of affairs. Over a period of time, relationship between the parties has been ruined. What is more unfortunate is that the acrimony between two of them, because of which they are living separately since 2007, life of their only child Shivam @ Shiv Raj Singh, who was born from their wedlock on 12/1/2008 is becoming more and more miserable.

(3.) The appellant herein pleaded that respondent has chosen to live with her parents willingly and refused to live a married life with the appellant. She has deserted matrimonial home and broken the institute of marriage. She is currently residing separately without any sufficient reason. She has filed various cases against the appellant and his family members. It is further pleaded that respondent is not leading a chaste life and is seeking to sever ties with the appellant through divorce. Appellant is very much affectionate towards his son and is very much interested in his welfare. He can offer a better future for his child as the child is not being maintained and looked after properly by the respondent. The appellant is keen on taking custody of the child to provide him with better education and upbringing. Despite several attempts to take custody, respondent has consistently refused.