ASHOK KR DOGRA Vs. ASHRA DOGRA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 20.5.96, passed by the Guardian Judge, Delhi whereby the respondent's petition under Section 25 of the Guardian & Wards Act for custody of his minor son namely, Amit Kumar was allowed by the learned Judge.

(2.) The appellant is the husband of the respondent. The two it appears are not living together. After their estrangement, their 10 years old son Amit Kumar was in the custody of the appellant. The respondent filed petition under Section 25 of the Guardian & Wards Act in the Guardian Court asking for the custody of the son alleging that welfare of the child is in living with her and the appellant had neglected the child and did not take proper care of his educational needs. The petition having been allowed by the Guardian Judge the appellant has filed this appeal.

(3.) The learned Guardian Judge, after trial came to the conclusion that, (i) since 2nd February, 1993, when the respondent left her matrimonial home leaving the child in the custody of the appellant, the appellant had neglected the child and did not take proper care of his educational needs; (ii) that the appellant has no independent source of income to maintain himself and the child; (iii) that the appellant is a drunkard; (iv) that the appellant has no interest in the education of the child; (v) that the respondent being employed in the All India Institute of Medical Sciences, New Delhi, can maintain the child; and (vi) that the atmosphere in the house of the respondent is conducive to the growth and well being of the child.