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Judgment
Heard on the question of interim relief.
By the impugned order, the learned trial court has handed over the custody of the children to the respondent. The children are aged nine years and six years and both of them are girls. Appellant no.1 is the mother of the children and the respondent before the learned trial court.
Learned counsel for the appellants submits that appellant no.1 has been living separately from the respondent since the year 2016 and that the application under the Guardian & Wards Act, 1890 was only filed in the month of December 2020 after appellant no.1 herein was awarded maintenance under section 125 Cr.P.C. in the month of February 2020. In other words, learned counsel for the appellants submits that the application for custody of the children has been filed by the husband only to avoid paying the maintenance to the children, which was awarded to them in the month of February 2020.
Be that as it may, till the next date of hearing, status-quo to be maintained.
List this case on top of the list on 6.12.2021.
Certified copy as per rules.