JAYANT RAJAN Vs. S LAKSHMANAN

JUDGEMENT

(1.) The matter concerns custody of a young boy who will be attaining the age of 10 in a few months' time. He was initially living with his parents and after the demise of his mother, his custody was given to the grand parents, viz., the parents of the deceased mother. That was at a time when the child was about four years old.

(2.) Thereafter, on a petition having been filed by the father seeking custody of the child, the custody of the child was given to the father. That custody remained with the father till an appeal against the order on the original petition came to be decided by a Division Bench of this Court on 27.10.1998, wherein the Court held thus:- "The appeal is allowed. The respondent is directed to hand over the custody of the minor herein within one week from today." That order order of the Division Bench was sought to be carried in appeal to the Supreme Court on a petition seeking Special Leave to appeal against that order and the Supreme Court directed stay of implementation of the order of the Division Bench till 30th of June 1999. However, The Court ultimately dismissed the petition for Special Leave. As a result, the order of the Division Bench of this Court, directing handing over of the custody of the minor, to the parents of the deceased mother of the child stood affirmed.

(3.) Learned Senior Counsel for the petitioner/father submitted that the child is to be admitted in a school at Dehradoon, the school which the father himself had attended and before him his father had attended. It was submitted that a place has already been reserved for the child in that school, when he attains the age of eleven. It is further submitted that arrangements have been made to admit the minor in a school at Madras till he reaches the age of eleven. It was also submitted that the primary reason for denying the custody of the child to the petitioner/father was the fact that he was an accused in a criminal case wherein he had been charged with the murder of his wife. That case ended ultimately in acquittal of the petitioner. The judgment of the Mahila, Court which heard the matter and which acquitted the petitioner on 6th February, 2003 has been placed before us.