MEWA RAM Vs. POOJA

JUDGEMENT

(1.) FAO 596/2001 is directed against the order dated 20th September, 2001, of the Guardian judge, Delhi. In G 18/2000, whereby the learned Judge has given the custody of the child of the family, Master Manish Kumar, to the mother, Pooja [respondent herein].

(2.) It is contended by counsel for the appellant that the child of the family, who has been with the father (appellant herein) for nine years now does not recognise his mother and therefore, it would not be proper nor in the welfare of the child to be uprooted at this stage and his custody given to the mother.

(3.) It is contended by counsel for the respondent that the father is facing criminal charges under Sections 506/373/376/342/ 341 IPC in FIR No. 222/1999 registered at Police Station Tilak Nagar and is also facing criminal charge under Section 376 IPC in FIR No. 23/1999, registered at Police Station Tilak Nagar. It is also contended by counsel for the respondent that the appellant had colluded with Jitender and sold off Pooja to him, who is also facing charges under Section 376 IPC. Counsel further submits that it is not in the interest of the welfare of the child of the family to be living with a man having such antecedents. Even otherwise, the appellant is about 70 years of age while Pooja is only 23 years old. She further submits that the child of the family is being looked after by a married daughter of the appellant which cannot be a substitute for the mother since she herself is bringing up her own children.