C MADHAVAN NAIR Vs. M VISWANATHAN

JUDGEMENT

(1.) This appeal arises from an order of the learned District Judge, Manjeri, in an application under S.7 of the Guardians and Wards Act, 1890 (8 of 1890). The learned Judge held that the father of a minor is the natural guardian of the child under the Hindu Minority and Guardianship Act, 1956, and consequently he was entitled to the custody of the minor. The father was accordingly allowed the custody of the child.

(2.) The child by name Rajeev was born on 22-1-1971 to the respondent (the petitioner in the original application and hereinafter called the father) and his deceased wife Sobhana. The child was only two years old when his mother Sobhana died in 1973. Upon the death of the mother the child was brought to Calicut from the Kavarathy Island in Lakshadweep where the father is employed and the boy has been living with his maternal grandparents ever since.

(3.) The father has married again and it is stated at the bar that a baby boy has been recently born to him by his present wife. The father's case is that he is employed as an Upper Division Clerk and that he draws a salary of Rs. 650/- per month. He is financially secure and is absolutely capable of looking after the child. His present wife is perfectly willing and able to look after the child and the child will be happy and comfortable in their home. There is a Central School in Kavarathy Island where as a Government employees he will be in a position to have his son educated free of cost. If the child is left with the maternal grandparents as he is now, he will not have the same advantages educationally, socially or culturally as he will have with his father, stepmother and stepbrother.