Case Note & Summary
The appellant, Sau. Reshma Sumedh Bawaskar, wife of the respondent Sumedh Sudhakar Bawaskar, filed an appeal under Section 19 of the Family Courts Act, 1984, challenging the judgment and order dated 15.6.2019 passed by the learned Principal District Judge, Buldana in Guardian and Wards Case No.9/2019. The marriage of the parties was solemnized on 17.6.2012 and a son, Arhanshubham, was born on 7.5.2013. Matrimonial disputes arose, and the wife left the matrimonial home. The husband filed an application under Section 9 of the Hindu Marriage Act, 1956 for restitution of conjugal rights and also filed a petition under the Guardian and Wards Act, 1890 for custody of the minor son. The wife also filed an application for maintenance under Section 125 of the Code of Criminal Procedure. The trial court, by the impugned order, granted custody of the minor son to the father. Aggrieved, the wife preferred the present appeal. The High Court considered the welfare of the child as paramount. It noted that the child was about 9 years old and had expressed his desire to stay with the mother. The court observed that the mother is the natural guardian under Section 6 of the Hindu Minority and Guardianship Act, 1956 and the father had not proved any disqualification of the mother. The court held that the welfare of the child lies with the mother and allowed the appeal, setting aside the trial court's order. The court granted custody of the minor son to the mother with visitation rights to the father. The court also directed the mother to ensure the child's education and well-being.
Headnote
A) Guardian and Wards Act - Custody of Minor - Best Interest of Child - Sections 7, 17, 25 of Guardian and Wards Act, 1890 read with Sections 6 and 13 of Hindu Minority and Guardianship Act, 1956 - The appeal challenged the order granting custody of minor son to father. The court held that the welfare of the child is paramount and the mother, being the natural guardian under Section 6 of Hindu Minority and Guardianship Act, 1956, is entitled to custody of the minor child aged 9 years. The court found that the father had not proved any disqualification of the mother, and the child's preference to stay with mother was considered. The impugned order was set aside and custody was granted to mother with visitation rights to father. (Paras 1-20)
Issue of Consideration
Whether the mother is entitled to custody of the minor son, and whether the welfare of the child lies with the mother or father.
Final Decision
Appeal allowed. Impugned judgment and order dated 15.6.2019 passed by Principal District Judge, Buldana in Guardian and Wards Case No.9/2019 is set aside. Custody of minor son Arhanshubham is granted to the appellant/mother. The respondent/father is granted visitation rights as per the court's directions.
Law Points
- Guardian and Wards Act
- 1890
- Section 7
- Section 17
- Section 25
- Hindu Minority and Guardianship Act
- 1956
- Section 6
- Section 13
- Welfare of child paramount
- Custody of minor
- Mother's right to custody
- Father's right to custody
- Best interest of child
