RANCHI, India, Aug. 12 -- Jharkhand High Court issued the following order on July 14:

1. The instant appeal has been filed under Section 19(1) of the Family Courts Act, 1984 against the judgment and decree dated 21.03.2023 and 31.03.2023, respectively passed by the learned Additional Principal Judge, Additional Family Court No. II, Dhanbad in Original Suit No. 205 of 2018, whereby and whereunder, the prayer for custody of minor child has been dismissed.

2. The brief facts of the case, as per the pleading made in the plaint is required to enumerated herein which reads as under: The petitioner and the respondent were legally wedded husband and wife whose marriage was solemnized on 22-11-2009 as per Hindu Rites and customs at Kamlodya Bhawan, Gandhi Nagar, Dhanbad. After solemnization of the marriage the petitioner took the respondent with him at Delhi and both of them resided together as husband and wife at Delhi.

Out of the said wedlock the couple was blessed with a male child. The petitioner is a permanent employee of HCL Technologies Ltd. and is working as a Senior Business Analyst. It has been stated that the respondent has left the matrimonial home by forcibly taking minor child along with her on 17.06.2016 without knowledge and information given to the petitioner/appellant and went to her parental home at Dhanbad.

On 24-06-2016 the respondent has filed a complaint case against the petitioner and his family members u/s 498A IPC and 3/4 Dowry Prohibition Act. Thereafter, at the time of granting anticipatory bail to the petitioner by the High Court of Jharkhand, Ranchi direction was given to the petitioner to give Rs. Two lakhs to the respondent and the said amount are being adjusting towards the maintenance for the respondent and minor child. The petitioner has repeatedly requested to the respondent to allow him to see the minor son but she did not allow the petitioner to meet and talk to his minor son.

The respondent has also filed another case u/s 125 Cr.P.C. for maintenance. After six month a Panchyati was held in Dhanbad on 03-04-2016 and the matter was compromised between both parties. The respondent came to Noida along with petitioner with the son. After 15 days, the respondent started to demand the petitioner to go to her maika. Thereafter, the respondent and petitioner along with their son had gone to Siwan, Bihar.

It is stated that the minor child is residing with the respondent at Dhanbad within the local limit and territorial jurisdiction Dhanbad and the petitioner is residing at Delhi and due to this reason the petitioner has filed the suit at local limits of Dwarka Court New Delhi but due to the territorial jurisdiction the learned court Family Judge Dwarka New Delhi passed an order by returning the suit to petitioner for presenting before the court having territorial jurisdiction in Dhanbad.

Thereafter, the learned Family Court, Dhanbad after hearing the parties and appreciating the evidence available on record as also the testimonies of the witnesses, has dismissed the original suit filed by the petitioner for declaring him as guardian of the minor child and granted the custody of the minor child to the respondent.

3. It is evident from the factual aspect as referred in the plaint that the dispute had arisen in between the appellant-husband and the respondent-wife. An application was filed for the custody of the minor child .

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpCxONePByzKn1HxAuhoY%2FBtn0mleUZRdfF6TAdXmCF0z&caseno=FA/158/2023&cCode=1&cino=JHHC010244152023&state_code=7&appFlag=)

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