USHA GUPTA Vs. SANTOSH KUMAR

JUDGEMENT

(1.) This revision petition is directed against an order of learned trial court dated 21st October, 1982 whereby the learned trial court declined the application of the petitioner (mother) of the interim custody of her only minor son who is at present in the custody of Sh. Santosh Kumar, elder brother of the deceased father of the minor child.

(2.) It appears that the petitioner, Smt. Usha Gupta was married to one Shri Pushpendra Kumar in February, 1972. Unfortunately Shri Pushpendra Kumar ditd in October, 1974 at Saharanpur due to an unfortunate accident. It was only in December, 1974 that this unfortunate minor son was born to Smt. Usha Gupta, the petitioner.

(3.) It was stated in the application for appointment of guardian that the child was born at Meerut where Smt. Usha Gupta was staying with her mother-in-law and father-in-law. Since Smt. Usha Gupta became widow before the birth of the child, she stayed with her in-laws for sometime and thereafter shifted to Delhi to her parents' house. She was very young and she got herself admitted to a Degree course of Bachelor of Teaching with the Kurukshetra University in a town in Haryana. While she was studying for the aforesaid course the child was staying with the maternal grand parents in Delhi and she was visiting Delhi every month regularly to meet the child. When the child reached the age of about 3 years, in February, 1978 he was put into Cathedral Nursery School in New Delhi. The child studied in that school under the care of his mother till December, 1978.