Vishram Singh vs Smt. Manohar Devi

Challenge in the instant appeal is to the judgment dated 5th September 2002, passed by Judge, Family Court No. 1, Jaipur, whereby an application filed u/s 12 of the Guardianship and Wards Act, 1890 by the appellant was dismissed.

According to the facts in the application, two daughters namely Sonu, and Kusumlata, aged eight and four years respectively were born out of the lawful wedlock of the appellant-husband and respondent-wife. By way of the aforesaid application, the appellant wanted custody of the children on the ground that they were not looked after" properly by the respondent and that the children were also required to be educated.

In reply to the said applications, the allegations were denied and the same was prayed to be dismissed.

Issues were framed, and evidence was recorded on behalf of both the parties and the Judge, Family Court No. I, Jaipur, came to the conclusion that the custody of the two infant girls should remain with the respondent in the interest of welfare and well being of the children.

We have heard counsel for the parties and gone through the evidence led by the parties and the impugned order and find that the trial court has based the finding mainly on two points, firstly that the appellant-husband is living alone and he has to go out to discharge his duties as a teacher, while the children are being looked after and educated properly by the respondent. From the statement of the appellant it is revealed that he expressed his ignorance whether the girls are being educated or not. The appellant has also admitted that he is living all alone and as such the findings of the Judge, Family Court are based in the larger interest of the female children staying with their mother and are being properly educated. In our opinion the findings arrived at by the Judge, Family Court, are just and proper and no interference is called for.

For these reasons, the appeal being devoid of merit stands dismissed.

No costs.