IMPORTANT POINT
The paramount consideration in custody cases is the welfare of the children, not financial status or character allegations against a parent.

JUDGMENT :

(BIREN VAISHNAV, J.)

1 This First Appeal under the Guardians & Wards Act, 1890, has been filed by the original -respondent – mother, challenging the judgement and order dated 10.01.2024 of the Principal Judge, Family Court, Gandhinagar in Civil Miscellaneous Application No. 07 of 2003. By the aforesaid judgement and order, the learned Principal Judge, Family Court, Gandhinagar, allowed the application of the respondent herein, the father, and granted the custody of son and daughter.

2 Facts in brief are as under:

2.1 The parties shall be referred to as the applicant-father, who is the respondent in this appeal and the respondent mother, who is the appellant herein.

2.2 The applicant-father filed an application under Sec.7 and 25 of the Guardians & Wards Act, praying that the custody of son Vedant and daughter Dhyana be granted to him. According to the applicant, it was his case that he was an Officer of the Indian Revenue Service, who had married the respondent on 06.07.2010. Out of the wedlock, son Vedant was born on 15.01.2011 and daughter Dhyana was born on 06.03.2013. It was his case that up to 10.10.2020, the applicant-father had their custody, however, subsequently the daughter Dhyana was with the respondent -mother.

2.3 According to the applicant, the mother was not very careful about the upbringing of the children. She would leave the matrimonial house periodically and stay with her parents. It was his case that he was staying with his mother who faced a lot of harassment from the respondent – wife.

2.4 On 05.02.2014, according to the applicant, the respondent- wife came late from the office and without any intimation, left the matrimonial home at Baroda for Ahmedabad. She, thereafter, left for Junagadh to her parents. According to the applicant, despite several phone calls to her and her father, there was no response. It was naturally a situation where the father was worried as the respondent had left with their two children for Junagadh. It was the case of the applicant, therefore, that the respondent-mother failed and neglected to take care of their children. That the education of the children was seriously compromised and though the respondent had returned to the matrimonial home with the children in March-April 2015, she subsequently left the house again.

2.5 It was the case of the applicant-father that the respondent was serving as a Government Employee i.e. as a Mamlatdar at the Disaster Management Office at Surat, and therefore, in the year 2018, she left both the children at Junagadh. She secured their admissions at Alpha School, Junagadh and as the children wanted to go back to Surat, they were brought back to Surat and their admission was secured at the G.D.Goenka International School, Surat. The respondent was in a habit to continuously fight with her mother-in-law i.e. the applicant’s mother. That there was an incident on 10.10.2020, where the respondent had an altercation with her mother-in-law in which she physically attacked her, that a false complaint was lodged by the respondent whereas the applicant’s mother was constrained to file an FIR.

2.6 According to the applicant, the education and the future of two children was suffering as a result of the character and the nature of the respondent who was working as a Mamlatdar. That it was important that for the welfare of the children they be in the custody of the father so that they can continue their schooling at G.D.Goenka International School, a reputed school in Surat. It was the case of the applicant – father that he being posted as a Joint Commissioner in the Central Government, his postings would be in metro cities and in the event of this transfer, the children could have their schooling in metro cities, whereas the respondent was a State Government employee and only a Mamlatdar. Her posting would be in taluka places where there will be no good schools imparting education in English medium.

2.7 In the application, reference was made to t