SUBHASH Vs. ANJU

JUDGEMENT

(1.) The petitioner has filed this petition under Section 115 Civil Procedure Code . assailing the order dated 26.7.1995, by which the learned Guardian Judge granted the custody of the child (one and a half years of age) to the respondent-mother. Counsel for the petitioner appearing before me has strenuously urged that the conduct of the respondent had to be considered. The respondent, according to him, had abandoned the child as an infant. Further she did not have the resources to look after the welfare of the child. Counsel for the petitioner states that respondent has harassing the petitioner and his family members by filing false reports with the anti-dowry cell. He submits that the respondent did not care for the child and had refused to come even when the infant was admitted to the hospital for treatment of Diarrhoea.

(2.) On 29.8.1995, when the revision petition came up for admission, I had directed issuance of notice of the revision petition to the respondent on the limited question of health of the respondent. This was on the petitioner pointing out that the respondent also suffered from tuberculosis. He had relied on an X-ray report dated 13.2.1994, pertaining to the respondent in which the findings were as under:-

(3.) The petitioners Counsel had also candidly admitted that the respondent had filed a certificate before the Trial Court, according to which, the petitioner is cured of tuberculosis. The petitioner was directed to place on record a copy of the said Certificate. The petitioner has done so. Counsel for the respondent has also filed a photocopy of the same. One Dr. S.K. Gupta, MBBS, MAMC, MD has certified that he had treated the respondent for Pulmonary Kotchs infection and after the complete course of treatment, she was completely free from tuberculosis. Counsel for the petitioner has also fairly stated that the child has not shown any symptom of being infected with tuberculosis, It would therefore, appear that the child did not get the infection while in the womb. Besides, now the respondent is certified to be cured of tuberculosis. Counsel for the petitioner has assailed the medical certificate on the ground that the said certificate does not give the details and particulars of treatment and the period thereof. This by itself would not be a valid ground to reject the medical certificate. It is well recognized that tuberculosis is curable with regular course of treatment. In fact, it becomes non infective with a short course of treatment.