NARESH KUMAR Vs. ANJU DEVI

JUDGEMENT

(1.) This appeal has been preferred by the appellant Naresh Kumar against the order of the learned Family Court, Jhunjhunu passed on 17/4/2018 whereby the learned Family Court rejected the Civil Misc. Case No.874/2016 (528/2015) (59/2015) filed u/s 25 of the Guardians and Wards Act, 1890 read with sec. 6 of the Hindu Minority and Guardianship Act, 1956 seeking custody of minor son Yash.

(2.) Brief facts giving rise to this appeal are that the marriage of the appellant was solemnized with respondent on 15/7/2005 as per Hindu rites and customs and spouses are blessed with male child Yash on 20/12/2006. The appellant was posted as Sub-Inspector at Mumbai airport. For some time, the spouses were maintaining good relationship but after passing of few days there relations became strained and respondent started quarreling with the appellant and his family members without any reasons. But in order to maintain peace and harmony in family, the appellant always tolerated bad and unacceptable behaviour of the respondent. On misbehave of the respondent, the appellant filed a divorce petition which was dismissed on 17/4/2018 by the learned Family Court. The appellant admitted his son at Mahala Residential Public School, Reengus in Class-IV standard in 2014-15. The said school is an English medium. On 6/5/2015, the respondent took his son Yash by force without any information. The appellant submitted an application before the Sub-Divisional Magistrate, Srimadhopur u/s 97 of the Cr.P.C. to take custody of his son. His application was rejected and gave custody of his son Yash was given to the respondent vide order dtd. 17/4/2018

(3.) In reply, the respondent wife denied all the allegations and stated that the behaviour of the appellant was cruel with her and son. The appellant was careless about his son and he was in the habit of intoxication. So, the application for taking custody be rejected.