JUDGMENT :

N.K. CHANDRAVANSHI, J.

1. This appeal has been preferred by the appellant against order dated 24-7-2017 passed by the Family Court, Baikunthpur Distt. Korea (CG) in Misc. Criminal Case No. 13/2016 (CIS No. 6/2017) whereby application filed by the appellant/husband under Section 7 of the Guardianship and Wards Act, 1890 (hereinafter referred to as ‘the Act 1890’) read with Section 6 of Hindu Minority and Guardianship Act, 1956 (hereinafter referred to as ‘the Act 1956’) for grant of custody of his minor son, was dismissed.

2. Facts of the case, in brief, are that marriage of the appellant/husband was solemnized with respondent/wife on 7-5-2009. They have been blessed with a son namely Ashish, who was aged about 6 years at the time of filing of the application. It is alleged that the respondent/wife lived with the appellant only for about 10 months, thereafter, she left company of appellant and efforts made by the appellant to bring her back went in vain and she is residing with her parents at their village. It has been further pleaded that on an application being filed by the respondent, earlier the husband was giving Rs. 1,500/- per month for her maintenance, which was subs