MAMTA SINGH Vs. KAMALKANT GAUTAM

JUDGEMENT

(1.) THIS appeal has been heard on the informal papers on exchange of affidavits, as agreed upon by the learned Counsel appearing for the parties.

(2.) THE controversy arose in this appeal out of an order passed by the Principal Judge, Family Court, Agra on 16th April, 2008 in Case No. 25 of 2007 (Sri Kamal Kant Gautam Vs. Smt. Mamta and another) under Section 7 of the Guardians and Wards Act, 1890 with regard to guardianship of minor daughter of the appellant/opposite party no. 1 (the girl) and the respondent/applicant (the boy). As per the order impugned, the respondent/applicant is entitled to get the custody of the minor child within a month from the date of the impugned order passed by such Family Court.

(3.) SO far as birth of the child is concerned, the Court below observed that birth certificates had been produced by the respondent/applicant as well as the appellant/opposite party no. 1 independently. In the first birth certificate, which had been produced by the respondent/applicant, the name of father of the child has been shown as 'Kamal Kant (Rajesh)', whereas, in the birth certificate filed by the appellant/opposite party no. 1 the name of father of the child is written as 'Rajesh Singh'. In reply to such birth certificate filed by the appellant/opposite party no. 1, the photocopy of the Birth-Death Register of Nagar Nigam, Agra was filed by the respondent/applicant, in which name of father of the child is recorded as 'Kamal Kant C/o Mr. Rajesh'. Therefore, the name of father of the child is more specific from the birth certificate produced by the respondent/applicant if it is compared with the Register of the Nagar Nigam, Agra. As such, the Court below came to a conclusion that the child was born in their wedlock and the respondent/applicant is father of the child.