KAMLESH Vs. IQBAL SINGH

JUDGEMENT

(1.) This first appeal is directed against the order passed by Judge Family Court, Meerut, on 25th September. 1995, by which an application filed under Section 25 of Guardians and Wards Act of 1890 (hereinafter called the Act of 1890) has been allowed and the grandfather of the minor has been given the custody of the boy.

(2.) The brief facts of the case are that minor Vicky is the son of appellant Smt. Kamlesh and her husband Raj Singh. They were married 12-13 years before the filing of the application for guardianship. Minor's father (Raj Singh) died of illness on 29th January, 1986. After the death of Raj Singh. his wife Smt. Kamlesh who is the appellant here, has married one Madan Singh and is residing with him at Shahadara (Delhi). The marriage between Smt. Kamlesh and Madan Singh took place on 25th May, 1993 and the application for guardianship has been filed by the minor's grandfather, iqbal Singh. on 30th August, 1993.

(3.) In this application, it was alleged by the grandfather that the minor has been left by Smt. Kamlesh with her own mother and the minor is not being brought up in a befitting manner. It was further alleged that the second husband of Smt. Kamlesh is not ready to keep the minor with him. Iqbal Singh further stated that he is engaged in the business of commission agency of fruits and he is maintaining five she-buffaloes. He is in a position to maintain the minor properly. It was further alleged that Smt. Kamlesh has to maintain two children of her second husband and, therefore, she is not in a position to maintain the minor and to educate him.