NANDINIDEVI Vs. SHRIPATRAO S O BHAGWANTRAO PANT PRATINIDHI

JUDGEMENT

(1.) This is a petition filed under section 8 of the Guardians and Wards Act, 1980 for appointment of the petitioner-mother as guardian of the person and property of the minor child Bhagwantrao.

(2.) The petitioner is the mother of minor son Bhagwantrao, while respondent No. 1 is the father. The respondent No. 2 is the mother of respondent No. 1 and respondent No. 3 is the mother of the petitioner. The petitioner Nandinidevi and respondent No. 1 Shripatrao were married according to the Hindu Vedic rites on December 28, 1969. The marriage was settled earlier and the engagement was announced some time in October 1969. Bhagwantrao was born on September 11, 1970 at Bombay. The respondent No. 1 is a resident of Aundh in Satara District and was the former Ruler of Aundh State. The parents of the petitioner live in Bombay at "Shivsagar", Bhulabhai Desai Road, Worli. After Bhagwantrao was born, the petitioner returned with the child to Aundh in December 1970. The petitioner suffered two miscarriages in the month of March 1971 and October 1971. The petitioner was ill during April 1972 and was brought down to Poona where also the respondent No. 1 had a residence. The petitioner was treated by Dr. Telang and Dr. Bharucha but the petitioner came down to Bombay on April 20, 1972. The relations between the petitioner and the respondent No. 1 till this time appear to be normal. The petitioner was under treatment in April 1972 in Dr. Purandares Hospital. In or about May 1972, the respondent No. 1 who is actively connected with the social and political work in Satara District was to contest the election. Till the end of May 1972, the correspondence between the parties indicates that their relations were not strained but something transpired between the parties by the end of May 1972 or early in June 1972 which had broken the marriage. Both the parties have not stated what has led to the rift in the parties.

(3.) While the petitioner was under treatment at Dr. Purandares Hospital in Bombay in April 1972, the child was at Poona in the residential premises of respondent No. 1. The respondent No. 2 was also residing at Poona at that time. The petitioner went to Poona some time late in June 1972 and visited "Aundh House", the residence of respondent No. 1, early in the morning. The respondent No. 1 was not in the house, while respondent No. 2 was resting in her bed-room. The petitioner took away the minor son with her by leaving behind a note. The petitioner also lodged a complaint with the Police Commissioner that her son was neglected and, therefore, she was required to take him away. The child remained with the petitioner from that date onwards at Bombay. After a period of over three years, on April 28, 1975, a Pauper Suit was filed in Poona Court on behalf of the child for partition and possession of the joint family estate. The petitioners mother acted as next friend of the child. The Pauper Petition was granted and the suit for partition is still pending.