JITENDRA SIGHANI Vs. HARNEEK

JUDGEMENT

(1.) This appeal is directed against order dated 17.9.18 passed by the Family Court, Udaipur, in Case No.492/17, whereby an application preferred by the appellant under Section 12 of Guardians and Wards Act, 1890 (for short "the Act"), seeking interim custody of the female child or visitation rights as non custodial parent, has been dismissed.

(2.) The facts relevant are that the appellant and the respondent entered into wedlock on 26.5.02. After marriage, they lived together at Udaipur and were blessed with a baby girl on 22.9.12. On account of disputes and differences being developed, they started living separately w.e.f. 11.11.15.

(3.) The respondent-wife lodged one after another three FIRs against the appellant; FIR No.101/16 for offences under Sections 498A, 406 IPC at Mahila Police Station Udaipur, FIR No.354/16 for offences under Sections 420, 406, 467, 468 and 120B IPC at Police Station Sukher, Udaipur and FIR No.255/16 for offences under Sections 420, 406, 467, 468, 120B IPC at Police Station, Govardhan Vilas, Udaipur. The respondent-wife also filed an application under Section 125 Cr.P.C. seeking maintenance for herself and daughter Pearl a sum of Rs.70,000/- and Rs.30,000/-respectively, which is being contested by the appellant by filing a reply thereto.