AMIT BERI Vs. SHEETAL BERI

JUDGEMENT

(1.) There is a tussle between the Father and the Mother with regard to custody of their son, which has been going on for the last 5 years. At the time of presentation of the application by the Father, and Father's Father under sections 10, 12, and 15 of The Guardians and Wards Act, 1890 read with sections 6 and 13 of the Hindu Minority and Guardianship Act, 1956 before the District Judge, Bulandshahar, the boy was aged about 5 years but by the time, this appeal has come up for hearing, he is now over 10 years.

(2.) Section 6 of the Hindu Minority and Guardianship Act, 1956 provides for the custody of a child who has not completed the age of 5 years of the Mother and thereafter to the Father. The Additional District Judge, Bulandshahar (Special Judge S.C./S.T. Act) vide his order dated 7.2.2002 (In Case No. 9 of 2001) granted the custody of the child to the Mother. The father and father's father appealed to the High Court, which reversed the judgment of the Trial Court vide order dated 5.12.2002 and gave custody of the child to the father and father's father, subject to the condition of their depositing Rs. 5 lacs in a nationalized bank within 6 months. The mother went to the Supreme Court, which allowed the Appeal, set aside the judgment of the High Court and remanded back the case to the High Court vide order dated 9.10.2003, observing that the High Court should have given it's finding after allowing the appellant to controvert the allegations made in the petition before the Appellate Court.

(3.) That is how the matter comes up for hearing before this Court.