- (1.) HEARD learned counsel for the appellant.
(2.) THE appeal has been filed by the appellant against the judgment and order dated 24.05.2012 passed by the learned Guardian Judge, Jalandhar whereby the petition of the appellant under Section 25 of the Gurdians and Wards Act, 1890 read with Section 13 of the Hindu Minority and Guardianship Act, 1956 seeking custody of his minor daughter, who was born on 25.12.2002, has been dismissed.
(3.) THE marriage between the parties was solemnised as per Hindu rites and ceremonies on 18.02.2001. From the marriage, the parties had a daughter, namely, Anjali, who was born on 25.12.2002. Some days after the marriage, according to the appellant, there were matrimonial disputes between them. It is alleged that the respondent left her matrimonial home in January, 2007 and since then she has been living away from the appellant. The minor daughter of the parties, namely, Anjali became more than 5 years old at the time of filing the petition on 23.04.2009. It is alleged that the respondent is an illiterate lady and does not have any independent source of income. She is dependent on the appellant for her livelihood. Therefore, it would not be in the interest of justice for the child to live with the respondent as she has not been in a position to take care of the child in a proper way. The appellant has been running business of auto repair and working as a property dealer as also a commission agent. He earns sufficient income. He can maintain the child in a better and dignified manner besides provide all luxuries of life to her. The appellant requested the respondent to hand over the custody of the minor daughter to him but she refused.;