PALMIRA Vs. CRUZ FERNANDES

JUDGEMENT

(1.) BETWEEN the father and the mother to whom custody of minor child of tender age should be given is the usual but delicate question to be determined in this appeal.

(2.) CRUZ Fernandes, the Respondent-husband, was married to palmira, the Appellant-wife on 2nd of February, 1986. They belong to Christian religion and were married as per Christian rites. Child Ian is the offspring of that marriage, born on 6th November, 1986. Marriage, unfortunately, was caught in rough weather. Even since 11th December, 1990, the husband and wife are living separately.

(3.) PALMIRA filed a petition under section 25 of the Guardians and Wards Act, 1890 (the Act) for custody of Ian on 7th February, 1991 before the Family Court, Bombay. By order dated 9th July, 1991 the Family Court granted to her only the access to the child but not the custody. She has appealed.