MS. SHEOLI HATI Vs. SOMNATH DAS

JUDGEMENT

(1.) Both these appeals have been filed, challenging the common Judgment and Decree dated 31.3.2016, passed by the learned Principal Judge, Family Court, Jamshedpur, in Guardianship Case No. 11 of 2012, in which, both the side were at lis for the guardianship and custody of the only daughter born out of their wedlock.

(2.) Both the parties were married in the year 2003 at Jamshedpur and out of their wedlock, they have a daughter, namely Aditi, who is going to be 10 years of age on 9th of April, 2017. The marriage between the parties have been dissolved by an ex-parte decree of divorce, passed on 11.9.2009, in Matrimonial Case No. 3358 of 2008, by the learned Principal Judge, Family Court, Bengaluru. So far as the divorce is concerned, this is now the closed chapter, as even the wife Ms. Sheoli Hati has accepted the divorce between the parties and the ex parte decree of divorce has not been challenged by her.

(3.) The present case was filed under Sections 7 and 12 of the Guardian and Wards Act, 1890, by the husband Somnath Das, claiming himself to be the legal guardian and also claiming the custody of his daughter, stating that the future of his daughter was being ruined at Jamshedpur, where she is living with her mother and she is reading in the school, in which, her mother is also a teacher. It is claimed that the father of the child is always ready to get the child admitted at any boarding school of repute in India, with the visiting rights to both the parents. The list of schools, in which, the father intended to get his daughter admitted, included the boarding schools like, Good Shephard International School, Ooty, [Tamil Nadu], Rishi Valley School, Madanapalli, [Andhra Pradesh], Shayadri School, Pune [Maharstra] and other such reputed schools, in which, he agreed to bear all the expenses of the schooling of the child.