HET RAM Vs. MEENA @ ASHA

JUDGEMENT

(1.) The instant appeal has been preferred by the husband - Het Ram, whereby, he has impugned the judgment and decree dated 13th September, 2017, passed by the Ld. Addl. District Judge, Jind (in short 'Ld. Court below') vide which the petition filed by him, under Section 25 of the Guardians and Wards Act, 1890 (hereinafter referred to as 'the Act'), seeking custody of his minor children aged 15 years and 12 years, respectively, was dismissed.

(2.) A few facts necessary for adjudication of the case, as pleaded in the petition filed by the appellant-husband (petitioner therein) before the Ld. Court below, may be noticed.

(3.) The marriage between the parties was solemnized on 26th November, 2002. Out of the said wedlock a daughter namely Kashish and a son namely Arun were born on 08th June, 2004 and 25th January, 2007, respectively. Their marriage was dissolved by an ex-parte decree of divorce on 14.11.2009 (Ex.R-1). It was pleaded by the appellant in his petition that since the respondent Meena @ Asha had no permanent source of income, she was unable to provide good eduction and upbringing to the children. On the other hand, not only was he financially sound but even the children were willing to join his company and live with him. Hence, he filed the petition seeking custody of his minor children.