SANGEETA Vs. MANGE RAM

JUDGEMENT

(1.) PRAKASH Krishna, J. This is an unfortunate litigation. The two parties are fighting for the custody of minor Ashu. The appellant No. 1 is the mother; while the appellant No. 2 is the maternal uncle. The sole respondent is grand-father of the minor. The appellant No. 1 was married with Brajveer Singh son of the sole respondent as per Hindu rites on 14th of March, 1994. The minor in question who is male child was born on 18th of April, 1995 out of this wedlock. For certain reasons the father and mother of the minor could not pull on well together and litigation started between them. Brajveer Singh, father of the minor is missing since 10th of June, 1998 and since then he has not returned home. A petition for divorce on the basis of cruelty being case No. 787 of 1998 was instituted by Smt. Sangeeta, the appellant No. 1 herein wherein an ex parte decree dated 5th of March, 1999 has been passed. It has been stated that the minor is residing with his mother and the mother has been remarried on 18th of January, 1999 and the minor is residing with his maternal uncle, the appellant No. 2 herein.

(2.) IN the year 2000 an application under Section 7/8 of Guardianship and Ward Act, 1890 was presented by the grand-father (Mange Ram) before the District Judge, Baghpat claiming the custody of the minor. The said application after contest has been allowed by the order under appeal.

(3.) THERE is no material on record to show that during this period of about 11-12 years the grand-father of the minor in any manner has shown his concern with the welfare of the minor. The learned Counsel for the respondent accepted that there is no material to show that the respondent has given any financial assistant or gift to the minor on the festivals or on any such occasions in any manner. The minor is residing with his parental uncle almost since birth and at this distance of time it is not appropriate to uproot him from there and to plant him at his grand-father's place. This may have negative impact on the health and mind of the minor specially when there is no such complaint that minor is not being looked after properly by the appellants.