SANJAY KUMAR Vs. SUMANA KUMARI

JUDGEMENT

(1.) Sanjay Kumar who was working as Assistant Professor at Rajendra Institute of Medical Sciences, Ranchi filed a petition under sec. 25 of the Guardians and Wards Act, 1890 for return of the minor children Dipanshu Darshan aged about 7 years and Shreya Kumari @ Suddhi @ Arohi aged about 2 years to his custody and guardianship. Original (Guardianship) Suit No.05 of 2016 was instituted on the aforesaid petition filed by him and the same was dismissed on contest but with liberty to him to take visitation rights according to law.

(2.) The marriage of the appellant with the respondent no.1 (in short, respondent) was solemnized on 29/1/2007 at Mirzaganj within the district of Giridih and from the wedlock two children Dipanshu Darshan and Suddhi were born. In the petition under sec. 25 of the Guardians and Wards Act, 1890, the appellant averred that his minor children are in forceful custody of his wife and in-laws who are ill-treating the children. The mother of the appellant came in the witness box as PW1 to support the cause of her son who examined himself as PW2 in the trial. To support the respondent who was examined as DW3, her father and uncle tendered evidence in the Court and the minor son Dipanshu Darshan was examined as DW4.

(3.) The following issues were settled in the trial of Original (Guardianship) Suit No.05 of 2016: