KALICHARAN VERMA Vs. ARCHANA ARYA

JUDGEMENT

(1.) APPELLANT Kalicharan has filed this First Appeal under Section 19 of the Family Court Act against the order dated 8.1.2014 passed by Smt. Meena Singh, Additional Principal Judge, Family Court, by which the Court has refused to accept the application filed by the appellant under Section 25 of the Guardian and Wards Act, 1890.

(2.) IT is not disputed that the appellant and the respondent are husband and wife. On 7.12.1996 their marriage was solemnized. Out of their wedlock two children are born. Daughter Kirti has been residing with the appellant Kalicharan and son Dikansh is residing with respondent Archana. It is also not disputed that there has been a decree of divorce between the appellant and the respondent and they are living separately.

(3.) PER contra, the respondent completely denied these averments and has submitted that the appellant's conduct is not good. He is in the habit of taking alcohol. Therefore, the future of the minor son as well as minor daughter is not secure with the appellant. There is every possibility of their future being spoiled, if they are allowed to remain with the appellant. The appellant also beats the minor children. He also does not allow them to go to school sometimes. The conduct of the appellant is also opposed by his family members. This conduct would also have an adverse effect in the development of minor Dikansh. For this reason only, the respondent is living separately. This application has been filed with imaginary ground to avoid paying maintenance allowance.