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IN THE HIGH COURT OF JHARKHAND AT RANCHI F.A. No.178 of 2025 -------

Saurav Kumar, aged about 39 Years S/o Surendra prasad, Resident of-

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Ajnara Le Graden, I-2106 Plot No Gh02 Sector 16 B, Greater Noida West 201306 U.P. at Present Address-Building No.2, 2^nd floor, Azad Sipahi Paper Gali, Near Hanuman Mandir, Kokar Chowk, Old HB Road, Ranchi, P.O.-Kokar, P.S.-Sadar, District-Ranchi … … Appellant/Petitioner Versus Megha Kandhway, W/o Saurav Kumar Resident of-Jaya Kutir, House No.3, Lane No.1, Old Bank Colony, Kokar, P.O.-Kokar, P.S.-Sadar, Distt-Ranchi (Jharkhand), PIN-834001 … … Respondent/Defendant -------

CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE AKHIL KUMAR -------

For the Appellant : Mr. Nikhil Ranjan, Advocate For the Respondent : Mr. Manoj Kr. Choubey, Advocate Mr. Madhav Prasad, Advocate ----------------------------

CAV on 28/09/2026 Pronounced on 29/10/2026 Per Sujit Narayan Prasad, J.

Prayer

1. The instant appeal filed under Section 19(1) of the Family Courts Act, is directed against the Order/Judgment dated 23.09.2024 passed in Original Suit No.60 of 2024 by the learned Addl. Principal Judge-I, Addl. Family Court-I, Ranchi, whereby and whereunder, the application filed by the petitioner under Section 26 of the Hindu Marriage Act, 1955 for grant of temporary custody has been partially allowed.

Factual Matrix

2. The brief facts of the case, as per the pleading made in the petition, is required to be enumerated, which read as under:

3. It is the case of the petitioner/appellant herein that the marriage of the parties was solemnized on 16.07.2012 according to Hindu rites and rituals at Ranchi which was an ideal marriage and out of their said wedlock, the couple was blessed with a baby boy on 24.03.2021 to whom they named as Master Trishaan Kumar.

4. It is the further case that respondent-wife, respondent herein has without any good reason left the society of the petitioner, appellant herein and has deserted him after taking all her belongings on 19.08.2023 and also took their child with her. The petitioner is very much attached with respondent-wife and his child and has given his full attention, love and care to them always.

5. It is the further case of the petitioner/appellant that respondent-wife is living in adultery and has deserted the petitioner/appellant and also keeping him away from his child and denied him of any visitation. The petitioner/appellant herein has tried his level best to bring the respondent- wife and their child back but all the efforts made by the petitioner went into vain. The petitioner has sent multiple messages, e-mails and even notice to the respondent but the respondent keeps blocking the petitioner from every platform and did not give any heed of the same. The petitioner has been fulfilling all the expenses of fooding, clothing and shelter and education of respondent-wife and their child and still ready to keep them with him.

6. It is the further case that the matter was brought before the Child Welfare Committee (CWC) and respondent-wife in front of Child Welfare Authority clearly stated that she will never let the petitioner even look at the child. There is no male member in the family of respondent-wife and respondent is presently residing with her mother, who is aged about 75 years old and there is a great apprehension of any mishappening with the child. The petitioner is deeply concerned about the emotional and psychological impact of this separation on his child. It is imperative for the child to have regular and consistent contact with both parents to ensure their holistic development and emotional stability.

7. Therefore, the petitioner had prayed to grant temporary custody of the child before the learned Family Court and for establish a daily visitation schedule and video calling that allows him to spend quality time with the child and issue appropriate orders restraining the respondent from interfering with petitioner's visitation righ