LOKNATH Vs. RUKMANI BAI

JUDGEMENT

(1.) INVOKING the appellate jurisdiction of this Court under Section 47 (C) of the Guardians and Wards Act, 1890 ( for short 'the Act, 1890') the appellant/father (Loknath) has preferred this appeal challenging the impugned order dated 10.02.2005 passed by the Civil Judge, Class -I, Baloda Bazasr, District ­ Raipur in Guardians and Wards Case No. 02/2004 (Rukhmani Bai Vs. Loknath) on the application under Section 25 of the Act, 1890 granting custody of minor male child Poonam Prakash, who was aged about two and a half years.

(2.) THE facts necessary for the disposal of this appeal are as under :

(3.) THE respondent/mother examined herself before the trial Court stating inter alia that the appellant/father is not taking proper care of her son Poonam Prakash and proceedings under Section 498 -A of the I.P.C. is pending against him and therefore she is entitled for the custody of the ward.