- (1.) THE appeal has been filed by appellant -Radha Krishan against the judgment and order dated 26.10.2013 passed by the learned District Judge, Family Court, Sonepat, whereby the petition of the appellant under Section 25 of the Guardians and Wards Act, 1890 ('Act' for short) seeking custody of his minor daughter namely Swati has been dismissed.
(2.) THE marriage between the parties was solemnized according to Hindu rites and ceremonies on 13.02.2000. From the marriage, they had a daughter namely Swati, who was born on 31.12.2000. At present, she is living with her mother (respondent). The respondent -mother filed a petition for divorce against the appellant, which was allowed by the learned Additional District Judge, Sonepat, vide his judgment and decree dated 29.10.2010. The marriage between the parties was dissolved.
(3.) ACCORDING to the appellant, the respondent is residing with her parents and she has no independent source of income. She is fully dependent on the income of her family. The minor daughter was a student of class -V. According to the appellant, the respondent is unable to maintain the minor and bring her up properly, therefore, the minor will suffer. It is alleged that the respondent is a rigid lady, besides, she has no love and affection for the minor daughter of the parties. She was asked to give the custody of the minor to him but to no effect, therefore, he filed the petition for giving him the custody of his minor daughter. The petition of the appellant was contested by the respondent. The allegations, as alleged by the appellant, were denied. It was stated by the respondent that she is M.A. in Sanskrit besides B.A., B. Ed. She is working as a teacher and earning sufficiently and she has the necessary means, therefore, she was fit and proper to look after the minor. It was alleged that the appellant was addicted to liquor and the decree of divorce was also granted in her favour on the said ground. Therefore, the appellant is not a fit person to seek the custody of the minor.;