GORE LAL Vs. SANTOSH

JUDGEMENT

(1.) Admit

(2.) Custody of minor children when the matrimonial home has broken, gives rise to poignant situations. Naturally both the parents want to retain the children because of their attachment with them. The children also develop affinities and their emotional aspect can also not be lightly ignored. However, where children are of tender ages, the emotional attachment may be the result of being in the company of one parent or the other for the time being. The same would not essentially reflect lack of affinity to the other parent as time factor plays its part, and a parent who has not the custody of the child, is not likely to be looked at with that attachment as the parent with whom the child happens to be for the time being. The court has still to look to the overall welfare of the child.

(3.) The parties in the present case were married in the year 1963, and the wife started residing with the husband from 1972 after what is called the 'Gauna' ceremony. There have been three children out of the wedlock. Two are with the husband, and their ages are 3 and 6 years. The third is an in fact, and is at present with the wife.